Gurupadswami vs State of Karnataka

Leave granted.

Heard Ms. Sangeeta Kumar, learned Amicus Curiae appearing for the appellant and Mr. V.N. Raghupathy, learned counsel appearing for the respondent-State.

This appeal is directed against order dated 11.11.2014 passed by the High Court of Karnataka at Bangalore whereby the High Court dismissed appeal filed by the appellant-herein and convicted him for the offence punishable under Sections 326 and 302 IPC.

We have been taken through the judgments of the High Court and the trial Court.

From the materials, it appears that the High Court has only relied upon the deposition of PW-1 and came to the conclusion that the appellant must have committed the grievous injuries to the victim. From the evidence, it was deposed before the Court that on the very same day, it has been specifically stated that the witness appears to be "insane". Furthermore, we have been able to find out that there is no cross-examination to this effect and though the cross-examination started but could not be concluded due to her death.

In view of that, we find that this fact has escaped from the mind of the High Court and the High Court could not have relied upon the said evidence as credit worthy.

In our opinion, in the facts and circumstances, the appellant must get the benefit of doubt.

Accordingly, we find that the prosecution has failed to prove the case and hence, we set aside the order passed by the High Court and direct that the appellant be released forthwith, if not required in any other offence.

Accordingly, the appeal is allowed.

Since this matter came to be filed through the Supreme Court Legal Services Committee, the Registry is directed to send a copy of this order to the concerned jail authorities for compliance thereof.

We record our appreciation to the learned Amicus Curiae, who assisted us in coming to the conclusion.