HC sets aside life sentence citing gaps in prosecution story

NT Correspondent

Bengaluru: The Karnataka High Court has set aside a life sentence imposed on a murder accused after it found that the prosecution story had too many loopholes. The High Court found that the doctor who performed the post-mortem report had not been examined and even the circle inspector who was part of the investigation had not revealed where the alleged murder weapon, a club, was found.

“The paramount consideration of the Court is to ensure that miscarriage of justice is prevented. A miscarriage of justice which may arise from acquittal of the guilty is no less than from the conviction of an innocent,” Justice B Veerappa and Justice PN Desai said in their judgment acquitting the accused Chetan Kumar, a resident of Gubbi, Tumakuru.

Kumar was accused of murdering Anil. Both of them were working in a brick factory in Tumakuru. It was alleged a quarrel took place between the two over some issue on June 4, 2015.

A day after the quarrel Anil’s body was found in adra in near the brick factory. The trial court found Kumar guilty of murder and sentenced him to life imprisonment which he challenged before the HC. The HC which gave its judgement recently said the Trial Court had ignored points of doubt in the prosecution case.

“The learned Sessions Judge has ignored a number of reasonable doubts which legitimately arose on the evidence led by the prosecution and its conduct in suppressing the vital documents and witnesses which clearly indicate that the prosecution has not proved the guilt of the accused beyond all reasonable doubt,” it said.

The HC said that there were loopholes in the prosecution story. “On meticulous examination of the evidence on record, it is clear from the evidence that there are so many omissions and contradictions in the evidence of prosecution witnesses, that the entire fabric of the prosecution case appears to be ridden with gaping holes,” the HC said.

Further, “it is true that due to the passage of time, witnesses do deviate from their police statements as their memory fades to some extent. A reasonable allowance can be made for such discrepancies. But when such discrepancies make the foundation of the prosecution case shaky, the Court has to take strict note thereof. On thorough reading of the aforesaid evidence of the prosecution witnesses, the discrepancies are located and the witnesses have discredited themselves,” the HC said.

Setting aside Kumar's life sentence, the court said, “The impugned judgment of the learned Sessions Judge sentencing the accused to undergo life imprisonment for the offence punishable under Section 302 of IPC and three years for the offence punishable under Section 201 of IPC and life imprisonment for the offence punishable under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act of 1989, with a fine of Rs.25,000 has to be set aside.”