R.BANUMATHI, A.S.BOPANNA
MALLIKARJUN – Appellant
Versus
STATE OF KARNATAKA – Respondent
Key Points: - Minor discrepancies and inconsistent versions in witness testimony, if credibly found, are not fatal to the prosecution. (!) (!) - A witness cannot be disbelieved solely for partisan relation to the deceased or prosecution, if found trustworthy. (!) - Medical evidence is expert opinion and corroborative; it cannot override ocular evidence where consistent. (!) - Plausible delay in lodging FIR or in production before Magistrate is not fatal if plausibly explained. (!) (!) - Recovery of weapons can be proved by investigating officer’s testimony even if Panch witnesses turn hostile. (!) (!) - Investigation can be conducted by PSI in absence of Circle Inspector; lack of Circle Inspector authority is not fatal. (!) - Overt acts attributed to accused not corroborated by medical evidence may justify acquittal for that accused. (!) (!) - Delays in FIR/receipt of FIR explained plausibly may not affect prosecution’s case. (!) (!) - Credibility of PW-5 as natural, illiterate eye-witness and mother of the deceased supported by corroborative materials. (!) (!)
JUDGMENT
R. BANUMATHI, J.
This appeal arises out of the judgment dated 30.05.2008 passed by the High Court of Karnataka in Criminal Appeal No.124 of 2005 in and by which the High Court affirmed the conviction of the appellants-accused Nos.1, 2 and 4 under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon each of them. The High Court also affirmed their conviction under Section 448 read with Section 34 IPC and sentence of imprisonment imposed upon each of them.
2. The appellants-accused No.1-Mallikarjun, accused No.2-Ravi and co-accused No.3-Maruti (absconding) are the sons of accused No.4-Balappa. It is alleged that deceased Bhimraya was having illicit affair with Bhimawwa-wife of accused No.4-Balappa since 4-5 years prior to the incident and therefore, all the accused were said to be having enmity with the deceased Bhimraya. PW-5-Kamalamma is the mother of deceased. Case of the prosecution is that on 14.06.2002, PW-6-Mareppa-father of the deceased went to village Kaulur to attend marriage. PW-7-Hanmanth-brother of deceased went to the fields for ploughing in the early morning. At about 09.00 am, deceased-Bhimraya went outside to attend the
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