B.L. Satish vs State of Karnataka

An old lady aged 75 years was murdered in her own house by strangulation on 16-6-1994. Her grandson, the appellant, was charge-sheeted by the police for the aforesaid murder. The trial Court convicted him of murder and sentenced him to imprisonment for life besides convicting him u/s 392 of the Indian Penal Code for which a sentence of rigorous imprisonment for three years was imposed on him. A Division Bench of the High Court of Karnataka confirmed the conviction and sentence imposed on the appellant and dismissed the appeal filed by him.

The case depended entirely on circumstantial evidence. There is no dispute that the grand old woman was strangulated to death. There is not much of dispute that the time of such strangulation would have been between 9.30 a.m. and 1.00 p.m. on 16-6-1994. Hence, the only question is whether the remaining circumstances would unerringly point to the appellant as the murderer.

The only circumstance which prosecution has pitted against the appellant is that on 18-6-1994 he told the investigating officer that the ornaments were kept (or hidden) in the house of his maternal grandfather. Those ornaments were collected by the investigating officer from a suitcase in which they were kept in the house of PW9, who is the father of appellant''s mother (foster father).

Learned counsel for the respondent-State candidly admitted that there is not even a single other circumstance available in the entire breadth and length of the prosecution evidence to be highlighted as incriminating the appellant in this case.

It is needless to say that the aforesaid single circumstance is hardly sufficient for a criminal court to reach the conclusion that the murder of the grand old lady was committed by this grandson, who is the appellant in this case.

In the result, we allow this appeal and set aside the conviction and sentence passed on him. We acquit him. We direct that the appellant be released from jail forthwith unless he is required in any other case.