REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1006 of 2007

A. Shankar

…Appellant

Versus

State of Karnataka

…Respondent

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1. This criminal appeal has been filed under Section 2(a) of the

Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act,

1970 against the judgment and order dated 28.2.2007 of the High Court

of Karnataka, Bangalore, in Criminal Appeal No.1069 of 2000 by

which the High Court has reversed the judgment and order dated

31.10.1998 passed by the XV^th Additional City Sessions Judge,

Bangalore, in Sessions Case No.366 of 1996, acquitting the appellant

of the charges under Sections 302 and 307 of the Indian Penal Code,

1860 (hereinafter called `IPC’).

2.

Facts and circumstances, as per the prosecution case

giving rise to this appeal had been that the law was put into motion by

younger brother of the deceased, Shankara (PW.8), who lodged a

complaint orally on 26.3.1996 that the appellant came to the Barber

Saloon of Murthy Prasad, deceased, on 25.3.1996 at about 8 p.m. and

demanded Rs.150/- from the deceased. Since the deceased did not

give the money demanded, the accused got angry and threatened that

he would take care of him later. Appellant accused again came back at

9.30 p.m. to the shop of the complainant, sought shelter therein, had

food, and slept there with the deceased and the complainant. At about

2 a.m. the complainant heard sounds and after being awaken he saw

that the appellant was hitting his elder brother with a knife on the chest

and on shouting of the complainant the appellant hit him also with the

same on the left abdomen and hands and ran away. Murthy Prasad

died of assault and the complainant got injured, and was taken to the

hospital for treatment.

3.

On the basis of the said oral complaint, an FIR No.82/96

dated 26.3.1996 (Ext.P4) was recorded. The investigation ensued and

the appellant was arrested on 31.3.1996. After conclusion of the

investigation, charge sheet was filed against the appellant and he was

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put to trial under Sections 302 and 307 IPC. In order to prove the guilt

of the appellant, prosecution examined 17 witnesses. The appellant

was examined under Section 313 of Code of Criminal Procedure, 1973

(hereinafter referred to as “Cr.P.C.”) wherein apart from denying the

evidence against him given by the witnesses directly, he also denied to

have gone to the Saloon of the deceased at all as alleged by the

prosecution.

4.

After considering the entire evidence on record, the Trial

Court came to the conclusion that prosecution failed to prove beyond

reasonable doubt that the appellant had committed murder of Murthy

Prasad or made an attempt to kill the complainant Shankara (PW.8).

Thus, vide judgment and order dated 31.10.1998, the appellant was

acquitted of the charges under Sections 302 and 307 IPC.

5.

Being aggrieved, the State of Karnataka preferred

Criminal Appeal No.1069 of 2000 which has been allowed by the High

Court convicting the appellant under Section 302 IPC for committing

the murder of Murthy Prasad, deceased and awarding him life

imprisonment. The appellant also stood convicted under Section 324

IPC for causing injuries to the complainant Shankara (PW.8) and has

been awarded six months imprisonment and a fine of Rs.5,000/-. In

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default of depositing the fine to undergo simple imprisonment for a

period of one month. Both the sentences have been directed to run

concurrently. Hence, this appeal.

6.

Shri Sanjay Mishra, learned counsel appearing for the

appellant has submitted that the High Court has committed an error in

interfering with the well reasoned judgment of acquittal by the Trial

Court and relying upon the evidence on record while ignoring the

material inconsistencies between the evidence of the witnesses; and

medical and o