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Criminal · Reportable judgment

Karakkattu Muhammed Basheer vs The State of Kerala

Court
Supreme Court of India
Date
5 November 2024
Case No.
Criminal Appeal No. 291 of 2023
Result
Allowed
Bench
Abhay S. Oka, Augustine George Masih
Citation
[2024] 11 S.C.R. 498 : 2024 INSC 838
Acts & Sections
IPC
Supreme Court Reports [2024] 11 S.C.R. 498 : 2024 INSC 838
Issue for consideration
Issue as regards sustainability of the order of conviction and sentence of the accused, when the case not proved beyond reasonable doubt against the accused.
Headnote

Penal Code, 1860 – ss. 302, 201 – Murder – Circumstantial evidence – Main accused convicted and sentenced u/ss. 302,

201 for murder of one lady during night, at the house of other accused – Other accused convicted and sentenced u/s. 201 – Prosecution case that motive for murder was illicit relation between the two accused – Order of conviction and sentence upheld by the High Court – Sustainability:

Held: When the evidence, as presented by the prosecution is tested upon the anvil of the principles and parameters laid down, the prosecution miserably failed to indicate the involvement of the appellant in the commission of the offence, for which he was charged – Chain of circumstances as regards statement of witnesses, presence of victim and the accused, recovery of bag and articles; discovery of blood stains, blood stained clothes and coconut scrapper used for murder, which were being sought to be projected by the prosecution to be complete has glaring holes and significant gaps, which leads to the conclusion that the prosecution failed in its endeavour of bringing home the guilt against the appellant – Thus, the case having not been proved beyond reasonable doubt against the appellant, the impugned judgments cannot sustained and are set aside. [Paras 20-28]

Keywords: Murder · Circumstantial evidence · Motive · Illicit relation · Chain of circumstances · Statement of witnesses · Presence of victim and accused · Recovery of bag and articles · Discovery of blood stained clothes · Beyond reasonable doubt

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Augustine George Masih, J. 1. This Appeal is preferred against the judgment and order dated 18.10.1996 passed by the High Court of Kerala at Ernakulam (hereinafter referred to as “the impugned judgment”), upholding the order of conviction and sentence passed by the Sessions Court, of the Appellant/Accused No. 01 under Sections 302 and 201 of IPC for the murder of one Gouri during the night of 16th-17th August 1989, at the house of Accused No. 02. The sentence included life imprisonment under Section 302 and seven years of rigorous imprisonment under Section 201 of IPC. The Accused N
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