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2025 Supreme(Online)(Kar) 39288

THE HIGH COURT OF KARNATAKA
K.S.Mudagal, Venkatesh Naik T, JJ
Hemanth Kumar – Appellant
Versus
State Of Karnataka – Respondent
CRL.A No.961/2018

Advocates:
For the Appellants/Petitioners: M.Shashidhara
For the Respondents: Rashmi Jadhav

Conviction based on circumstantial evidence requires a complete, unbroken chain of events pointing uniquely to the guilt of the accused. Procedural lapses in securing fingerprints and conducting recoveries under the Evidence Act, combined with weak 'last seen' evidence, entitle the accused to the benefit of doubt.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Code of Criminal Procedure, 1973 - Section 374(2) - Circumstantial evidence - Principles governing conviction based on circumstantial evidence: The prosecution must establish every link in the chain of circumstances; the chain must be so complete as to leave no reasonable ground for the conclusion consistent with the innocence of the accused and must point uniquely to the guilt of the accused. (Para 14)

(B) Indian Evidence Act, 1872 - Section 27 - Discovery mahazar - Procedure for recovery: To render a discovery under Section 27 of the Act admissible, independent witnesses must be present when the accused makes the statement leading to discovery. The exact words of the accused should be recorded in a two-part panchanama. The procedure of recording statements in the presence of independent witnesses is essential to lend credibility to the investigation and avoid allegations of fabrication. (Paras 30, 31)

(C) Criminal Law - Fingerprint evidence - Procedure - Identification of Prisoners Act, 1920: It is eminently desirable that specimen fingerprints of a suspect be taken under the orders of a Magistrate to dispel any suspicion of fabrication and ensure the genuineness of the evidence, even if police are statutorily empowered to collect them otherwise. (Paras 26, 27)

(D) Circumstantial Evidence - Last seen theory - Scope: The 'last seen' doctrine is a weak piece of evidence and requires proof of close proximity of time and place between the last sighting and the alleged incident. (Para 18)

Facts of the case:
The appellant was convicted for the murder of an elderly couple, with the prosecution case resting solely on circumstantial evidence, including the theory of being 'last seen', fingerprint analysis, and the recovery of incriminating materials, such as weapons and jewellery. The appellant challenged the trial court's judgment, arguing that the chain of circumstances was incomplete and the investigation lacked legal compliance.

Findings of Court:
The court found that the prosecution failed to prove the motive, the 'last seen' circumstance was not established with sufficient proximity, and the fingerprint collection process was shrouded in suspicion due to the absence of magisterial oversight. Furthermore, the recovery of material objects was found to be procedurally flawed, lacking independent witness corroboration and failing to adhere to mandatory police manual guidelines.

Issues: Whether the circumstantial evidence provided by the prosecution established the guilt of the accused beyond reasonable doubt and whether the procedural requirements for recovery and fingerprint collection were satisfied.

Ratio Decidendi: Conviction based on circumstantial evidence requires an unbroken, conclusive chain of facts. Failure to follow mandatory procedural safeguards during the collection of fingerprints and the recovery of incriminating objects renders the evidence unreliable, necessitating the benefit of doubt for the accused.

Result: Appeal allowed; Judgment of conviction and sentence set aside; Appellant acquitted.

Table of Content
1. summary of procedural history and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 12 , 13)
2. criteria governing the evaluation of circumstantial evidence in criminal trials. (Para 14 , 15 , 16)
3. last seen evidence requires temporal and spatial proximity. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. unverified collection of fingerprint evidence warrants exclusion. (Para 24 , 25 , 26 , 27)
5. strict compliance with discovery procedures under the evidence act. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34)
6. procedural irregularities in seizure invalidate evidence of recovery. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45)
7. failure to establish a complete circumstantial chain leads to acquittal. (Para 46)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 06.02.2018 AND SENTENCE DATED 08.02.2018 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN S.C.NO.73/2015 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC.

THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL

AND

HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL)

Challenging the judgment and order of conviction and sentence passed against him, the accused in SC No.73/2015 on the file of Principal District and Sessions Judge, Tumakuru has preferred this appeal.

2. The appellant was the sole accused in S.C.No.73/2015 before the trial Court. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the trial Court.

3. The appellant was tried in S.C.No.73/2015 on the charge that with an intention to rob his distant relatives Gangadharaiah and his wife Gangamma, residents of Beladhara Village, during the intervening night of 07.06.2015/08.06.2015 he stayed in their house. At 01.30 a.m. he assaulted the victims with hammer, pickaxe and sickle on their face, head and all over the body and committed their murder. Then he escaped from the house robbing their gold and silver jewellery worth Rs.1,47,000/- and cellphone of victim Gangadharaiah.

4. Regarding the incident, on the complaint Ex.P1 filed by PW.1/son of victim couple, FIR/Ex.P10 was registered in Crime No.80/2015 of Kora Police Station, Tumkur Rural Police Circle. During investigation, accused was arrested. On conducting the investigation, charge sheet was filed against him for the offence punishable under Section 302 of IPC.

5. The trial Court, on hearing the parties, framed the charge against the accused for the offence punishable under Section 302 IPC. As he denied the charge and claimed trial, trial was conducted. In support of the case of the prosecution, PWs.1 to 17 were examined, Exs.P1 to P38 and MOs.1 to 29 were marked. After his examination under Section 313 Cr.P.C, accused did not lead defence evidence.

6. The trial Court on hearing the parties by the impugned judgment and order held that though the case is based on circumstantial evidence, the circumstances set up against the accused were proved by the prosecution, convicted him for the offence punishable under Section 302 IPC and sentenced him to rigorous imprisonment for life and fine of Rs.50,000/-.

7. Heard both side.

Submissions of Sri M.Shashidhara, learned counsel for the accused:

8. The case was based solely on circumstantial evidence. The evidence of PW.3 regarding last seen circumstance did not satisfy the legal compliance of such circumstance. The evidence regarding fingerprints of the accused matching with chance fingerprints consisted of material contradictions regarding the date of collection of such fingerprints of the suspect. Further, the alleged collection of the fingerprints was not in accordance with the mandate in the Karnataka Police Manual. Thus the same was not acceptable in evidence. The recovery of the weapons, bloodstained clo

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2025 Supreme(Online)(Kar) 39288

THE HIGH COURT OF KARNATAKAK.S.Mudagal, Venkatesh Naik T, JJHemanth Kumar – AppellantVersusState Of Karnataka – RespondentCRL.A No.961/2018

Cases Referred (1)

THE HIGH COURT OF KARNATAKA
K.S.Mudagal, Venkatesh Naik T, JJ
Hemanth Kumar – Appellant
Versus
State Of Karnataka – Respondent
CRL.A No.961/2018