Case Note & Summary
The High Court of Karnataka allowed criminal appeals filed by five accused persons, acquitting them of charges under Section 120B of IPC for conspiracy and Section 302 read with Section 34 of IPC for murder. The trial court had convicted accused Nos. 1, 6, and 7 under Section 120B and accused Nos. 2 and 3 under Section 302 read with Section 34, sentencing the latter to life imprisonment. The prosecution case involved a love affair between accused No. 1 and accused No. 7, who was married to the deceased, leading to a conspiracy to murder him with hired assailants. The High Court re-appreciated the evidence and found it insufficient to prove conspiracy or murder beyond reasonable doubt, noting inconsistencies and lack of corroboration. Consequently, the convictions were set aside, and all appellants were acquitted.
Headnote
The High Court of Karnataka at Bengaluru, comprising Hon'ble Mr. Justice H.P. Sandesh and Hon'ble Mr. Justice Venkatesh Naik T, heard criminal appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) by accused persons challenging their conviction and sentence dated 28.05.2018 in S.C.No.68/2015 -- The appellants were convicted by the III Additional District and Sessions Judge, Ramanagara -- Accused Nos. 1, 6, and 7 were convicted under Section 120B of the Indian Penal Code, 1860 (IPC) for criminal conspiracy -- Accused Nos. 2 and 3 were convicted under Section 302 read with Section 34 of IPC for murder with common intention and sentenced to life imprisonment with fines -- The prosecution alleged that accused No. 1 conspired with accused No. 7 to eliminate the deceased, hiring accused Nos. 2 to 5 for a supari amount -- The High Court found inconsistencies in prosecution evidence, lack of independent witness corroboration for recoveries, and failure to prove conspiracy beyond reasonable doubt -- The Court held that the prosecution failed to establish the charges, leading to acquittal of all appellants -- The appeals were allowed, setting aside the trial court judgment
Issue of Consideration
The Issue of Consideration was whether the prosecution proved the charges of conspiracy under Section 120B of IPC and murder under Section 302 read with Section 34 of IPC beyond reasonable doubt against the appellants
Final Decision
The High Court allowed the criminal appeals, set aside the judgment of conviction and order of sentence dated 28.05.2018, and acquitted all appellants of the charges
Law Points
- The prosecution must prove conspiracy under Section 120B of the Indian Penal Code
- 1860 (IPC) beyond reasonable doubt with cogent evidence
- The prosecution must establish common intention under Section 34 of IPC for conviction under Section 302 read with Section 34
- The recovery of weapons at the instance of accused must be proved with independent witness corroboration
- The voluntary statements of accused under Section 27 of the Indian Evidence Act
- 1872 require strict scrutiny
- The appellate court can re-appreciate evidence in criminal appeals under Section 374(2) of the Code of Criminal Procedure
- 1973 (Cr.P.C.)
