Mallappa vs. State of Karnataka [Criminal Appeal No. 1993 of 2010]
Merely accused seen running away is too thin evidence to convict someone under s. 302
Brief: The Supreme Court set aside the conviction of the accused by the High Court. Notably, the Court observed that in absence of any cogent evidence demonstrating that the club seized was used to assault the deceased, the prosecution story seeking to establish commission of the offence by circumstantial evidence of discovery of the weapon of assault fails and merely having seen accused running persons running away is not sufficient for conviction under section 302 of the Code.
RELEVANT PARAGRAPH
12. We have already reproduced the part of the deposition of Srinivas (PW2), the seizure witness in which he has stated that the club was not broken. PW1 has also deposed on spot panchanama made by the police on the morning of 20th April, 1999 from the place of occurrence. He also does not speak of seizure of the broken piece of the club. These two prosecution witnesses do not support the statement made by PW8, the inquest officer in his examination that the latter had seized a small piece of wooden club. The autopsy surgeon Dr. Venkatesh Y (PW7) was not shown that club. It does not transpire so from his deposition. Club is a common implement which can be found at random in rural households of this country and in absence of any cogent evidence demonstrating that the club seized was used to assault the deceased, the prosecution story seeking to establish commission of the offence by circumstantial evidence of discovery of the weapon of assault fails.
13. Even if the prosecution version that the PW3, PW5 and PW6 could and did see the appellant running in front of Devendrappa’s house from the respective positions they were in at the time of occurrence of the incident was accepted, the evidence we would have been left with would have been two accused persons being seen running away. That would have been too thin piece of evidence to convict someone under Section 302 of the Code, applying the principle of res gestae. The first Court of facts on appreciation of evidence had acquitted the appellant. We do not find any major lacuna in its reasoning which would have warranted interference by the Appeal Court for reversing such finding into that of guilt.
14. For these reasons, we set aside the judgment dated 11th June, 2008 of the High Court of Karnataka delivered in Criminal Appeal No.1232 of 2001 convicting the appellant and the consequential order of sentence. We sustain the judgment of acquittal of Mallappa (A1) by the Trial Court. As we find from the records that the sentence of the appellant was suspended by an order of this Court passed on 29th January, 2016 and prayer for bail of the appellant was granted, we direct discharge of the bail bonds.