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THE HIGH COURT OF KARNATAKA
Mohammad Nawaz, Venkatesh Naik T, JJ
The State of Karnataka – Appellant
Versus
Manoj Kumar H.R. – Respondent
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| 1. the appeals are based on the alleged failure of the prosecution to establish intent and the correctness of the trial court's judgment. (Para 1 , 2 , 3) |
| 2. the court discusses discrepancies in witness statements that affect the credibility of evidence. (Para 4 , 5 , 6 , 7) |
| 3. court examines evidence from the ballistic expert to determine the use and ownership of the firearm. (Para 8 , 9 , 10) |
| 4. the judgment emphasizes that mere possession and minor discrepancies do not translate to guilt beyond reasonable doubt. (Para 11 , 12 , 13 , 14) |
| 5. according to the evidence, no intent to kill was established; hence, acquittal was justified. (Para 15 , 16 , 17 , 18 , 19) |
| 6. the court's final decisions reaffirm the lower court's judgments and address confiscation concerns. (Para 20 , 21 , 22) |
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
Crl.A.No.1790/2018 is preferred by the State, feeling aggrieved by the judgment of trial Court insofar as acquitting the accused for the offence punishable under Section 307 IPC .
Crl.A.No.1416 of 2019 is preferred by the license holder of the gun, namely the father of the accused, feeling aggrieved by the confiscation of the said gun MO.2
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