Karnataka High Court Upholds Murder Conviction, Life Sentence Of Four; Rejects Claim That Eye Witness Had Seen Accused's Photo Prior To TIP

Upholding the murder conviction and life sentence of 4 men, the Karnataka High Court rejected their contention that the deceased's wife–an eye witness to the incident, had already seen the photographs of the accused persons purportedly published in newspapers prior to Test Identification Parade.

In doing so the court said that there was no specific question put to the wife during the cross examination that prior to TIP the photos of the accused were published in the media.

A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its order said:

"Having considered this evidence, it is very clear that she has narrated how an incident has taken place and she is an eye witness to the incident and immediately after the death of her husband, she gave the statement between 10.30 to 11.30 p.m. and narrated each of overt act of the accused persons and also categorically given the description of accused Nos.1 to 3 that two were tall and one was short and the person who was short itself assaulted her and the fact that she also sustained injury is not in dispute and wound certificate is also produced.Hence, it is clear that she is an eye witness to the incident".

The court said that though the accused persons were arrested after 13 days from the incident which took place on 03.10.2017, there was nothing elicited in the wife's cross-examination that before Test Identification Parade was conducted, the same (TIP) was published in the newspaper.

"Hence, it cannot be contended that P.W.1 has already seen the photos prior to Test Identification Parade. Though, this answer is elicited, it is not specific that she had seen the photos prior to the Test Identification Parade. Hence, the very contention of learned counsel appearing for accused Nos.1 to 4 that she had seen the accused persons in the media prior to Test Identification Parade cannot be accepted and no such question was put to the witness P.W.1 that prior to Test Identification Parade, photos were published and also cross-examined to the effect Test Identification Parade was conducted. She also categorically identifies the accused persons thrice when they were made to stand along with other persons and though 19 suggestion was made that such incident has not taken place, but witness categorically denied the same...This Court while considering the evidence of P.W.1 with regard to the admission that it has come in media, but no specific question was put to the witness that whether their photographs were published in media prior to the identification or subsequent to the identification and hence, the said stray admission that it has come in the media will not comes to the aid of the accused," the court said.

The prosecution alleged that on 03.10.2017 when the prosecution witness 1/wife of the deceased was with him and their daughter in their house, the accused Nos.1 to 3 came there with common intention to commit the husband's murder. It was alleged that when the deceased refused to provide sand to the accused persons, accused No.1-Sandeep assaulted the deceased on his neck and accused No.2 assaulted the deceased on his stomach. When the wife raised hue and cry, the accused No.3 kicked her with his leg, held her neck, assaulted her and made an attempt to kill her.

On hearing the altercation, the neighbours came running to the wife's house and on seeing them, the accused persons ran away while threatening the wife they would kill her. The husband was shifted to the hospital where he succumbed to his injuries.

The prosecution alleged that accused No.4 plotted conspiracy to eliminate the deceased and gave a supari to accused No.1 to the tune of Rs.1,26,000 and accused No.1 availed the services of accused Nos.2 and 3 to eliminate the deceased.

Case title: SANDEEP and OTHERS v/s STATE OF KARNATAKA

CRIMINAL APPEAL NO.1994/2019, CRIMINAL APPEAL NO.1918/2019

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