LexKARAKKATTU MUHAMMED BASHEER versus THE STATE OF KERALA
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[2024] 11 S.C.R. 498 : 2024 INSC 838 Karakkattu Muhammed Basheer v. The State of Kerala (Criminal Appeal No. 291 of 2023) 05 November 2024 [Abhay S. Oka and Augustine George Masih,* JJ.] Issue for Consideration Issue as regards sustainability of the order of conviction and sentence of the accused, when the case not proved beyond reasonable doubt against the accused. Headnotes† Penal Code, 1860 – ss. 302, 201 – Murder – Circumstantial evidence – Main accused convicted and sentenced u/ss. 302, 201 for murder of one lady during night, at the house of other accused – Other accused convicted and sentenced u/s. 201 – Prosecution case that motive for murder was illicit relation between the two accused – Order of conviction and sentence upheld by the High Court – Sustainability: Held: When the evidence, as presented by the prosecution is tested upon the anvil of the principles and parameters laid down, the prosecution miserably failed to indicate the involvement of the appellant in the commission of the offence, for which he was charged – Chain of circumstances as regards statement of witnesses, presence of victim and the accused, recovery of bag and articles; discovery of blood stains, blood stained clothes and coconut scrapper used for murder, which were being sought to be projected by the prosecution to be complete has glaring holes and significant gaps, which leads to the conclusion that the prosecution failed in its endeavour of bringing home the guilt against the appellant – Thus, the case having not been proved beyond reasonable doubt against the appellant, the impugned judgments cannot sustained and are set aside. [Paras 20-28] Case Law Cited Ramreddy Rajesh Khanna Reddy and Another v. State of A.P. [2006] 3 SCR 348 : (2006) 10 SCC 172 – referred to. * Author [2024] 11 S.C.R. 499 Karakkattu Muhammed Basheer v. The State of Kerala List of Acts Penal Code, 1860. List of Keywords Murder; Circumstantial evidence; Motive; Illicit relation; Chain of circumstances; Statement of witnesses; Presence of victim and accused; Recovery of bag and articles; Discovery of blood stained clothes; Beyond reasonable doubt. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 291 of 2023 From the Judgment and Order dated 18.10.1996 of the High Court of Kerala at Ernakulam in CRLA No. 679 of 1993 Appearances for Parties Thomas P. Joseph, Sr. Adv., Dr. Linto K.B., Tom Joseph, Dinny Thomas, Advs. for the Appellant. Harshad V. Hameed, Dileep Poolakkot, Mrs. Ashly Harshad, Farhad Tehmu Marolia, Amar Nath Singh, Shivam Sai, Advs. for the Respondent. Judgment / Order of the Supreme Court Judgment Augustine George Masih, J. 1. This Appeal is preferred against the judgment and order dated 18.10.1996 passed by the High Court of Kerala at Ernakulam (hereinafter referred to as “the impugned judgment”), upholding the order of conviction and sentence passed by the Sessions Court, of the Appellant/Accused No. 01 under Sections 302 and 201 of IPC for the murder of one Gouri during the night of 16th-17th August 1989, at the house of Accused No. 02. The sentence included life imprisonment under Section 302 and seven years of rigorous imprisonment under Section 201 of IPC. The Accused No. 02 was found guilty under Section 201 of IPC receiving a sentence of four year rigorous imprisonment. Against the order of conviction and sentence, two separate appeals were preferred by the Appellant- 500 [2024] 11 S.C.R. Digital Supreme Court Reports Accused No. 01 and Accused No. 02. These appeals came to be dismissed by the impugned judgment, upholding the conviction and sentence of both the accused/appellants therein. However, the present Appeal is preferred by Accused No. 01 only. 2. The story as made out by the prosecution is that the body of a woman was discovered in a paddy field by PW1-V.T. Manikandan, while he was going for work in the morning of 17.08.1989. He informed the police, and based on his statement, PW38-C.P. Vijayamani, a Sub Inspector, registered a case of unnatural death at the Parappanangadi Police Station. This witness visited the scene, took photographs, and collected fingerprints. The postmortem examination was conducted by PW33-Dr. M. Kunjukrishnan, on 18.08.1989, at 10:30 AM. He reported finding six antemortem injuries on the left side of the head fractured into multiple fragments, as well as abraded contusions on the right wrist and left knee. Injuries on the head
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