7 years after son allegedly killed mother, HC sets him free

S Shyam Prasad | NT

Bengaluru: After spending seven years in jail for allegedly killing his mother, a man from Bhadravathi, Shivamogga, has been set free by the High Court after it found that the entire case rests of suspicion.

Ashok was convicted for murder and causing the disappearance of evidence by way of throwing his mother’s body in the Bhima river. The HC, however said, “Suspicion, however strong it may be, cannot take the place of proof beyond a reasonable doubt.

An accused cannot be convicted on the ground of suspicion, no matter how strong it is.” Ashok had fallen in love with Hemavathi and married her. The couple also had a child. But Ashok’s mother, Jayalakshmi was opposed to the marriage, and there were frequent quarrels in the household due to this.

During one such quarrel, on October 26, 2014, he is accused of slapping his mother, who fell on the ground, injured her head and died. He allegedly then threw the body in the river. The case was set in motion when Hemavathi filed a missing complaint.

Ashok was found guilty by the Sessions Court and sentenced in 2017. He filed an appeal in the High Court which was decided on September 14 by the division bench of Justice K Somashekar and Justice TG Shivashankare Gowda.

Ashok had spent seven years in jail since his arrest in 2015. The HC said that “the entire case of the prosecution even on a scrutiny of the evidence, it is seen that there is no evidence forthcoming to prove the guilt of the accused.”

It found that all the witnesses of the prosecution, including the wife and father of the accused had turned hostile. Even the autopsy report of the victim was not conclusive as to how the death occurred.

“There has to be a chain of evidence so complete so as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused,” the HC said.

Setting aside the trial court order, the HC said, “It has been held that the circumstances should be of a conclusive nature and tendency. Further, the circumstances should exclude very possible hypothesis except the one to be proved.”

Directing the jail authorities were directed to release Ashok from prison, the HC also said, “In that view of the matter and in the peculiar facts and circumstances of the case, we find that the judgement and order of conviction rendered by the Trial Court is not sustainable.

Viewed from any angle by scrutinizing the evidence on record, we find that the said finding of the Trial Court requires to be interfered with.”