AMICUS AI
Citation Codes
Neutral Citations
2018 INSC 716
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Neutral Citations
2018 INSC 716
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Smart Summary

Factual and Procedural Background

The prosecution alleged that Accused 3, D.B. Savitha (wife of the deceased, Mohan Kumar), had an illicit relationship with Accused 1. Motivated by this relationship, Accused 1 together with Accused 2 (P. Ravi Kumar) and Accused 3 allegedly conspired to murder Mohan Kumar, who was said to harass Savitha about the affair.

On 7 July 2003 the deceased left home for his fertilizer shop but never returned. That night his body was found beside a road, initially thought to be the result of a motorcycle accident. An investigation led to all three accused being charged under Section 302 IPC read with Section 120-B IPC.

The trial court convicted all three accused under Section 302 IPC read with Section 34 IPC and Section 120-B IPC. On appeal, the High Court of Karnataka (2009 SCC OnLine Kar 920) upheld the conviction of Accused 1 but acquitted Accused 2 and Accused 3. The State of Karnataka appealed the acquittals to the Supreme Court.

Legal Issues Presented

  1. Whether the Supreme Court should interfere with the High Court’s order acquitting Accused 2 and Accused 3 of the offence under Section 302 IPC read with Section 120-B IPC.
  2. Whether the prosecution evidence—primarily extra-judicial confessions and photographs—established the guilt of Accused 2 and Accused 3 beyond reasonable doubt.

Arguments of the Parties

State of Karnataka (Appellant)

  • Relied on an alleged extra-judicial confession made by Accused 1 and Accused 2 to PW 2 (an auto-driver friend) in which they admitted chasing and murdering the deceased.
  • Cited another extra-judicial confession to PW 4, who purportedly saw Accused 2 wearing blood-stained clothes on the night of the incident.
  • Highlighted photographs (Exhibits P-8 and P-9) recovered on Accused 3’s disclosure, showing Accused 1 and Accused 3 together, to infer both an illicit relationship and a conspiratorial motive.

Respondents (Accused 2 and Accused 3)

The record notes that counsel for the respondents had entered appearance but did not argue at the time of hearing; the opinion contains no separate statement of their arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court examined the evidentiary basis relied upon by the prosecution:

  • Extra-judicial confession to PW 2: PW 2 turned hostile during cross-examination, retracting material portions of his statement. The Court held that a statement recorded under Section 164 CrPC loses probative value once the witness resiles from it; consequently, this confession could not sustain a conviction.
  • Extra-judicial confession to PW 4: PW 4 acknowledged seeing Accused 2 with blood-stained clothes but testified that the stains were explained as injuries from an auto-rickshaw accident, not from murder. The Court reiterated that extra-judicial confessions are “a weak piece of evidence” and require substantial corroboration, which was absent.
  • Photographic evidence (Exhibits P-8 & P-9): The photographs merely showed an illicit relationship between Accused 1 and Accused 3. They did not prove that Accused 3 conspired with Accused 2 to murder the deceased.

After an independent review, the Court found no “compelling reason” or “substantial infirmity” in the High Court’s evaluation and concluded that the prosecution failed to establish guilt beyond reasonable doubt.

Holding and Implications

Appeals Dismissed — Acquittal of Accused 2 and Accused 3 Affirmed.

The decision leaves intact the High Court’s acquittal of Accused 2 and Accused 3 while maintaining the conviction of Accused 1. The ruling reiterates the principle that extra-judicial confessions, absent corroboration, are insufficient for conviction, and it underscores the Supreme Court’s reluctance to overturn acquittals without demonstrable error. No new legal precedent was set beyond reinforcing established standards for appellate interference with acquittal orders.

To access the original judgment, please Sign In or Subscribe.

    State Of Karnataka v. P. Ravikumar Alias Ravi And Others

    R. Banumathi, J.— Challenging the acquittal of Respondents 1 and 2 (Accused 2 and 3) respectively for the offence under Section 302 IPC the State of Karnataka has preferred these appeals.

    2. Case of the prosecution is that Respondent 2 (A-3) D.B. Savitha, wife of the deceased Mohan Kumar was allegedly having illicit relationship with Accused 1. On account of such motive, Accused 1 and Respondents 1 and 2 herein (Accused 2 and 3) are alleged to have hatched a conspiracy in committing the murder of deceased Mohan Kumar, husband of A-3 (D.B. Savitha) on the ground that he used to harass her on the illicit relationship of A-1 and A-3.

    3. On 7-7-2003, the deceased Mohan Kumar left the house in the morning for his fertilizer shop and did not return back. At about 9.30 p.m., the mother of the deceased came to know through PW 6 (Basavaraju) that the body of her son is lying on the side of the road and that he had allegedly fallen from the bike. The deceased was taken to the hospital where he was declared dead. The law was set in motion and all the three accused were held under Section 302 IPC read with Section 120-B IPC.

    4. The trial court convicted all the accused under Section 302 IPC read with Section 34 IPC and Section 120-B IPC. On appeal, the High Court maintained 2009 SCC OnLine Kar 920 the conviction of Accused 1 and acquitted Respondents 1 and 2 (Accused 2 and 3).

    5. We have heard Mr Joseph Aristotle, learned counsel appearing for the State of Karnataka.

    6. Though the respondents have entered appearance through counsel but at the time of hearing the matter none appears on behalf of the respondents. We have carefully perused the impugned judgment 2009 SCC OnLine Kar 920, evidence and materials on record.

    7. Insofar as Respondent 1-Accused 2 P. Ravi Kumar alias Ravi is concerned, the prosecution relies upon the extra-judicial confession made to PW 2 (auto driver) who is stated to be the friend of Accused 1 and 2. PW 2 has stated that about 20 days' prior to the date of incident, when he was sitting in the auto, A-1 was with him and that Accused 1 asked him to chase the deceased who was going on his motorcycle. PW 2 further stated that about 20 days' later Accused 1 and 2 approached him and said to have made extra-judicial confession that they had committed the murder of deceased Mohan Kumar to whom on earlier occasion they chased. Though PW 2 in his chief-examination stuck to his version, when he was cross-examined, he resiled from his earlier version and consequently PW 2 was treated hostile. When PW 2 resiled from his earlier statement, his statement recorded by PW 22 (Judicial Magistrate) under Section 164 CrPC may not be of any relevance; nor can it be considered as substantive evidence to base the conviction.

    8. So far as the evidence of PW 3 is concerned, it is only confined to the extra-judicial confession made by the first accused.

    9. Yet another piece of evidence relied upon by the prosecution is the evidence of PW 4 who is stated to be the friend of A-2.

    10. Case of the prosecution is that on the night of occurrence A-1 and A-2 went to the residence of PW 4 (M.G. Rajashekher alias Raju) and A-2's clothes were bloodstained and A-1 was wearing sweater. Both A-1 and A-2 said to have made extra-judicial confession to PW 4. But when PW 4 was examined in the court, PW 4 stated that Accused 1 and 2 came to his residence on the night of 7-7-2003 and cloth of Accused 2 was bloodstained. PW 4 further stated that when he questioned Accused 1, he stated that they were travelling in an auto towards Karthikere, it toppled and in that process they sustained injuries. The abovesaid evidence of PW 4 explaining the bloodstains on the cloth of Accused 2 due to toppling of auto does not advance the case of the prosecution that A-1 conspired with A-2 who committed the murder of deceased Mohan Kumar. In any event extra-judicial confession is a weak piece of evidence, which cannot form the basis for conviction and unless supported by other substantive evidence, which is lacking in this case.

    11. Insofar as Accused 3 is concerned, prosecution relies upon Exts. P-8 and P-9. Photographs were recovered on the disclosure statement of Accused 3. In this regard, prosecution has examined PW 12 (photographer) who has stated that Accused 1 and 3 came to his studio and took joint photographs (Exts. P-8 and P-9). The said photographs at the most may only show that A-1 and A-3 has illicit relationship. There is no evidence adduced to prove that A-3 had hatched conspiracy with A-2 to commit the murder of Mohan Kumar.

    12. Upon appreciation of the evidence adduced by the prosecution in particular PW 2, PW 20 and PW 4, the High Court has held that the guilt of A-2 and A-3 has not been established beyond reasonable doubt. We do not find any “compelling reason” or “substantial infirmity” warranting interference with the order of acquittal of Respondents 1 and 2-Accused 2 and 3.

    13. The appeals are, accordingly, dismissed.

    Use AI to get other relevant cases.

    Comments

    State Of Karnataka v. P. Ravikumar Alias Ravi And Others
    (Aug 16, 2018)