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Title: K P Pushpesh & Others And State of Karnataka

Case No: CRIMINAL APPEAL NO. 879 OF 2016

Date of Order 21-06-2023

CORAM: HON’BLE JUSTICE K SOMASHEKHAR AND HON’BLE JUSTICE RAJESH RAI K

INTRODUCTION

The Karnataka High Court has acquitted three youths convicted and sentenced to suffer life imprisonment for charges of murder, holding that there were material contradictions in the evidence of eyewitnesses to the incident and the prosecution failed to corroborate their evidence with any other material.

FACTS OF THE CASE

The case involves the prosecution’s claim that, the deceased Nousheer was murdered by accused No. 1 to 3 due to ill-will between them and with a common intention. According to the prosecution, accused Nos. 1 and 2 restrained Nousheer near the house of CW.6-Raman and assaulted him with a sickle, causing grievous injuries, resulting in his death. Accused No. 3 was alleged to have facilitated the murder by providing information about the movements of the deceased to accused Nos. 1 and 2.

The prosecution’s main evidence relied on two eyewitnesses, PW.22 and PW.24, who were neighbors and claimed to have seen the incident. However, the defense counsel contended that the trial court solely relied on the inconsistent testimony of these eyewitnesses, PW.22 and PW.24, without scrutinizing their evidence. The defense pointed out that the eyewitnesses did not attempt to prevent the accused from committing the crime, nor did they raise any alarm or inform the police about the incident. Additionally, they failed to identify the weapons allegedly used in the murder.

 

COURT ANALYSIS AND DECISION

The Court referred to the evidence of the eyewitnesses and said “On careful perusal of the evidence of this witness, we are of the opinion that there is considerable force in the submission made by the learned Senior counsels for the appellants about the evidence deposed by these witnesses in respect of the incident witness by them, cannot be relied to the fullest extent to prove the guilt of the accused.” it further set aside life sentence in murder case; says eyewitness account contradictory, should be backed with supporting material.

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Written by- Shreya Sharma

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