B. Virupakshaiah Vs. State of Karnataka and Ors.
Indian Penal Code,1860 - Section 143 , Section 147 , Section 148 , Section 341 , Section 109 , Section 120-B , Section 302 , Section 149
Murder - Acquittal Upheld - Appeal against acquittal - Testimonies of the eye-witnesses - Existence of conspiracy - Recovery of the alleged weapons - Appreciation of evidence - There are material alterations in the statements from the testimonies of PW2 and PW3 and even with the deposition of PW71 i.e. the Investigating Officer - Recovery of weapons and other articles rightly disbelieved by High Court - Though the Forensic Science Laboratory Report was to be filed, it will not come to the aid of the prosecution as the recovery was not established by the prosecution - Even the number of the assailants was doubtful ever since the beginning - This lacuna in the investigation goes on to hit the root of the prosecution case - PW61, PW65 and PW67, who were attesting witnesses to the recovery of articles, like weapons, clothes, etc., turned hostile - Evidences fail to hold any veracity as it seems unnatural and the hostility of these witnesses was specifically made out in the cross-examination - No compelling and substantial reasons to interfere with the impugned judgment passed by the High Court - Appeals liable to be dismissed.
Topic(s)-Murder - Acquittal Upheld