GILBERT PEREIRA versus STATE OF KARNATAKA

Citation: [2004] SUPP. 3 S.C.R. 711 · Decided: 24-08-2004 · Supreme Court of India · Bench: P. VENKATARAMA REDDI · Disposal: Dismissed

Judgment (excerpt)

GILBERT PEREIRA 
A 
v. 
ST A TE OF KARNA T AKA 
AUGUST 24, 2004 
[P. VENKA T ARAMA REDD! AND B.P .. SINGH, JJ.] 
B 
Penal Code, 1860: 
Sections 302 and 397-Murder-Robbery or dacoity-Circumstantial 
evidence-Murder of a young girl and robbing her of her gold ornaments- C 
Father of deceased girl had sent her to his house from his coconut garden 
shortly before the incident-The accused was seen near the scene of offence 
in the village shortly after the incident-Dead body of the deceased was 
found in the bathroom of a house, to which the accused had access, he 
being the son of the owner's brother-Gold ornaments worn by the D 
deceased were missing when her dead body was recovered-These 
ornaments and a knife were recovered at the instance of the accused-
Accused made extra-judicial confession to his father that he had killed the 
deceased-Bloodstains found on the knife, clothes of the accused as well 
as on the clothes of the deceased were human blood of group AB while 
that of the deceased was A+ - injuries found on the person of the accused- E 
Accused suffered from deformity of fingers in both his hands-Trial court 
rejected the prosecution case on the ground that the accused could not 
have committed the offence in view of his physical handicap-Trial court, 
therefore, acquitted the accused under Ss. 302 and 397 JPC but convicted 
him under S. 379-But High Court convicted the accused under S.302- F 
Correctness of-Held: Although the accused is a physically challenged 
person yet he is fully capable of using his arms as there is no abnormality 
in his arms-The circumstances proved against the accused are conclusive 
in nature, being consistent only with the hypothesis of his guilt-Once the 
defence of the accused that he was not capable of committing the o;Jence G 
on account of his physical handicap is rejected, the presumption under S. 
1I4 of the Evidence Act can also be drawn-Each circumstance is 
incriminating in nature and the totality of circumstances conclusively 
established the guilt of the accused-Hence, conviction under S. 302 
justified-Evidence Act, 1872, S. 114. 
H 
711 
712 
SUPREME COURT REPORTS [2004] SUPP. 3 S.C.R. 
A 
According to the prosecution, shortly before the incident the 
deceased was sent by her father to his house from his coconut garden. 
She was to bring tea for her father. However, she had not returned 
home and her father started searching for her. 
B 
Subsequently, the dead body of the deceased was found lying in 
c 
the bathroom of PW-17. The house of PW-17 was being looked after 
by his brother (PW-13) to whom the keys of the house had been 
entrusted. The appellant-accused was the son of PW-13 who had access 
to the house of PW-17. 
It was the further case of the prosecution that the accused was 
seen near the scene of the offence in the village shortly after the 
incident. The gold ornaments worn by the deceased were missing when 
her dead body was recovered. The recovery of these gold ornaments 
D and a knife was at the instance of the appellant. The appellant had 
made an extra-judicial confession to PW-13 that he had killed the 
E 
deceased. There were also injuries found on the person of the accused. 
The bloodstains found on the clothes of the accused as well as on the 
clothes of the deceased and the knife were of human blood of group 
AB while that of the deceased was A+. 
The trial court found that the appellant, by reason of deformity 
in the fingers of both his hands, could not hold any object with firm 
grip with either hand. The Trial court, therefore, acquitted the accused 
of the offences under Sections 302 and 397 of the Penal Code, 1860 but 
F convicted him under Section 379 IPC. However, the High· Court 
convicted the appellant under Sections 302 and 397 IPC. Hence the 
appeal. 
G 
Dismissing the appeal, the Court 
HELD: I. Since the clothes of the deceased, the clothes of the 
appellant and the knife were found stained with the same blood group 
of human origin it indicated that the accused was in close proximity 
with the deceased when she was fatally wounded. This itself was a 
H strong incriminating circumstance against the appellant. [723-A-Bl 
GILBERT PEREIRA v. STATE 
713 
Ashok Kumar v. State (Delhi Administration), (1995) Supp. 3 sec A 
626, relied on. 
2. The incriminating circumstance sought to he proved by the 
prosecution was that soon after the occurrence injuries were found on 
the person of the appellant, which was indicative of the fact that 

Excerpt shown. Read the full judgment & AI analysis in Lexace.