Mallappa v. State of Karnataka. - Synopsis
Ahir Mitra 5 Aug 2021

Mallappa v. State of Karnataka

In this case, he appellant and his son were accused of killing the appellant's brother. Both the accused were acquitted of charges under Section 302 read with Section 34 of the Indian Penal Code by the Trial Court. The appellant's acquittal was overturned in the High Court, and he was found guilty of the offence under Section 302, IPC, and sentenced to life in prison.In this case, he appellant and his son were accused of killing the appellant's brother. Both the accused were acquitted of charges under Section 302 read with Section 34 of the Indian Penal Code by the Trial Court. The appellant's acquittal was overturned in the High Court, and he was found guilty of the offence under Section 302, IPC, and sentenced to life in prison. The Supreme Court observed that the Karnataka High Court erred in admitting the testimony of the deceased's widow because there were apparent inconsistencies in her account of seeing the appellant at the scene of the incident. The Court held that while certain contradictions would not have a material impact on the case, the contradictory statements as to when and where the witness saw the appellant and whether or not she saw him commit the act of assault were significant, and the High Court had dismissed the Trial Court's finding of fact, which was based on evidence, as being irrelevant. The prosecution failed to prove that the appellant committed the crime based on circumstantial evidence of the weapon's recovery, according to the Court. The appeal was granted as a result of this decision.

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