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Criminal · Reportable judgment

Thammaraya and Another vs The State of Karnataka

Court
Supreme Court of India
Date
22 January 2025
Case No.
Criminal Appeal No. 649 of 2013
Result
Allowed
Bench
Vikram Nath, Sanjay Karol, Sandeep Mehta
Citation
[2025] 1 S.C.R. 948 : 2025 INSC 108
Acts & Sections
IPC CrPC Evidence Act
Supreme Court Reports [2025] 1 S.C.R. 948 : 2025 INSC 108
Issue for consideration
Whether the conviction of the appellants-accused under Sections

201 and 302 read with Section 34, Penal Code, 1860 is sustainable.
Headnote

Evidence – Case based on circumstantial evidence – Prosecution relied solely on recoveries of articles allegedly looted from the deceased – Conviction u/s.201, s.302 r/w s.34, IPC – Sustainability:

Held: Unsustainable – Impugned judgments quashed, set aside – Neither the disclosure statements of the accused persons were proved as per law nor the prosecution was able to establish the factum of recoveries of articles purported to have been made on the behest of the accused persons by leading proper evidence – Testimony of IO (PW-27) lacks material aspects required to prove the disclosure statement followed by the recovery – There is also material omission on his part in not conducting a Test Identification Parade of the recovered articles, more particularly when the prosecution case was based solely upon recoveries of these articles – Prosecution’s case is weak, not proved beyond reasonable doubt – Chain of circumstantial evidences not so complete, so as to lead to the only hypothesis of the guilt of the accused totally inconsistent with their innocence – Appellants acquitted. [Paras 28, 26, 25, 27, 29]

Murder – Case based solely on circumstantial evidence – Appreciation of evidence – Discussed. [Paras 14, 15]

Keywords: Circumstantial evidence · Recoveries of articles · Looted from the deceased · Asphyxia · Strangulation · Disclosure statement not proved · Sheer negligence · Dereliction of duty · Test Identification Parade (TIP) not conducted · Facta probantia · Factum probando · Chain of circumstantial evidences · Recovery memorandums · Case not proved beyond reasonable doubt · Acquittal

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

Full Judgment Text

Judgment Mehta, J. 1. This appeal takes exception to the common judgment dated 3rd August, 2010 rendered by the Division Bench of High Court of Karnataka(Circuit Bench, Gulbarga)1 in Criminal Appeal No. 964 of 2006 filed by Manoj @ Manohar2 and Criminal Appeal No. 1157 of 2006 filed by the appellants, Thammaraya3 and Basappa @ Basavaraj.4 2. The three accused persons, namely, Manoj(A-1), Thammaraya(A-2) and Basappa @ Basavaraj(A-3) were tried by the learned Fast Track Court-1, Bijapur5 in Sessions Case No. 22 of 2002 for the offence punishable under Section 302 read with Section 34 of the I
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