State of Karnataka vs A. B. Mahesha etc.

Court

Supreme Court of India

Date

14 August 2018

Case No.

Criminal Appeal Nos. 1133-1135 of 2010

Result

Dismissed

Bench

R. Banumathi, Vineet Saran

Citation

[2018] 10 S.C.R. 922 : 2018 INSC 702

Headnote

Appeal: State’s appeal against acquittal – Trial court convicted respondents/accused for offence of murder on the basis of circumstantial evidence – High Court set aside conviction and acquitted all the accused – On State’s appeal, held: The evidence of prosecution witnesses were totally contradictory to each other – There was material contradiction as to the recovery of material objects and also identification of those material objects by the father of the victim-deceased (PW-3) – There was inconsistent version between the I.O. and PW-3 which raised serious doubt about the alleged recovery and the case of prosecution – Based on these inconsistencies and contradictions, High Court had acquitted the accused – There is no serious infirmity in the judgment of the High Court warranting interference.

The Judgment of the Court was delivered by R. BANUMATHI, J. 1. The appeals by the State of Karnataka are against the acquittal of the respondents/accused. 2. The case of the prosecution revolves around the following circumstances:- (i) deceased Jagdeesha was last seen alive in the Company of A1 to A3-respondents; (ii) recovery of Car having Registration No. MEC 8344 and (iii) recovery of material objects from the houses of accused – one golden chain (MO-8) at the behest of A1, one Rado watch (MO-6) at the behest of A2 and one golden ring (MO7) at the behest of A3. 3. The trial Court convict

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