Lack of Credible Evidence Leads to Acquittal in Counter Case – Karnataka High Court Upholds Conviction and Acquittal
In a significant ruling today, the High Court of Karnataka, presided over by Justice J.M. Khazi, upheld the conviction of S.H. Ramakrishnappa for the assault and attempted murder of Lokesh, and confirmed the acquittal of accused in a counter case, in a judgment that highlights the complexities of legal evidence evaluation in criminal cases.
The convoluted case, which stemmed from a land dispute in Sadahalli village, Bangalore North Taluk, involved two interlinked appeals – Criminal Appeal Nos. 1183 of 2013 and 978 of 2010. The court carefully dissected the incidents of assault that occurred in October 2007, leading to the conviction of S.H. Ramakrishnappa under Section 307 of the Indian Penal Code for a brutal attack on Lokesh using a club.
Justice J.M. Khazi, in the judgment, emphasized the significance of credible evidence in criminal proceedings, stating, “In the light of the overwhelming evidence placed on record by the prosecution, this Court is of the considered opinion that the fact that the blood-stained clothes of injured Lokesh were not seized by the Investigating Officer would not go to the root of the prosecution case.”
In a parallel development, the High Court dismissed the appeal filed by S.R. Nagesh, challenging the acquittal of Lokesh and others in a counter case. The court observed substantial contradictions and lack of evidence against the accused, suggesting that the complaint was filed as a reactionary measure to the initial assault. “Considering the oral and documentary evidence placed on record, the trial Court has come to a correct conclusion that prosecution has failed to prove the allegations against the accused persons in Cr.No.112/2007 and acquitted them,” Justice Khazi noted.
Date of Decision: 13 DECEMBER, 2023
S R NAGESH VS THE STATE OF KARNATAKA
