RAMESH versus STATE OF KARNATAKA

Citation: [2009] 11 S.C.R. 367 · Decided: 27-07-2009 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2009] 11 S.C.R. 367 
RAMESH 
A 
v. 
STATE OF KARNATAKA 
(Criminal Appeal No. 629 of 2005) 
JULY 27, 2009 
8 
[S.S. SINHA AND CYRIAC JOSEPH, JJ.] 
... - :... 
Penal Code, 1860: s.302 and s.307 - Five accused -
Murder of cleaner of truck and injuries to driver - Articles in 
truck missing - Missing articles recovered at the instance of c 
accused - No test identification parade (TIP) held -
Conviction under s.302 r.w. s.307, based on disclosure 
statement - Award of death sentence to A-1 to A-4 and life 
imprisonment to A-5 - On appeal, death sentence reduced 
to life imprisonment - Appeal by A-3 - Held: Conviction order D 
.. 
against A-3 set aside - He was not named in FIR - A-5 was 
• 
arrested in earlier point of time - However driver was called 
to identify A-3 first - Since TIP was not held, identification of 
A-3 by driver in court cannot be held to be trustworthy - · 
Recovery of missing articles by itself not sufficient to convict 
E 
A-3 for charge of such grave nature - Identification - Test 
identification parade . 
Heera and Anr. v. State of Rajasthan (2007) 10 SCC 175, 
held inapplicable. 
F 
Malkhansingh and Ors. v. State of M.P. (2003) 5 SCC. 
7 46; Asharfi and Ors. v. The State Al R ( 1961) All 153; 
Ravindru Laxman Mahadik v. State of Maharashtra (1997) 
Criminal Law Journal 3833, referred to. 
<;;ase law reference: 
G 
:·~ .. 
(2003) 5 sec 146 
referred to 
Para 18 
(2001) 1 o sec 11s 
held inapplicable 
Para 19 
367 
H 
I 
A 
B 
368 
SUPREME COURT REPORTS 
AIR (1961) All 153 
(1997) CLJ 3833 
r~ferred to 
referred to 
[2009) 11 S.C.R. 
Para 19 
Para 19 
CRIMINAL AP PELLA TE JURISDICTION : Criminal Appeal 
No. 629 of 2005. 
. From the Judgment & Order dated 17 .12.2003 of the High 
Court of Karnataka at Bangalore in Crl. A.No. 1 ~20 of 2003. 
Deepshikha Bharati (A.C.) for the Appellants. 
C 
Anil Kr. Mishra, Vikrant Yadav, Amit Kr. Chawla and Sanjay 
R. Hegde for the Respondents. 
The Judgment of the Court was delivered by 
S.B. SINHA, J. 1. Accuse_9 No.3 before the learned Trial 
D Court is before us aggrieved by and dissatisfied with a judgment 
and order dated 17.12 .. 2003 passed by the High Court of 
Karnataka at Bangalore in Criminal Appeal No.1820 of 2003 
modifying his sentence from death to rigorous imprisonment for 
life arising out of a judgment dated 11.11.2003 passed by the 
E I Addttional District and Sessions Judge, Bangalore Rural 
District, Bangalore in SC No. 73 of 2000. · 
:-
2. PW3, Manjusetty was the driver of a truck bearing 
Registration No.AP-09-4948. Deceased Shivashankar 
F 
(Shekar) was the cleaner in the said truck. Accused No.5 
Jayamma is said to be a member of a gang of dacoits 
comprising of accused Nos. 1 to 4 being Krishna, Manjunath, 
Ram,esh (appellant) and Shivalinga. The truck belonged to one 
Natraja Transport Company having its office at Prashanth 
G 
Nag~r. Bangalore. 
3. A First Information Report was lodged by PW2, 
-
Puttaswamy alleging that on 24.12.1998 when he had gone to 
).. ~~: 
Kunigal for work, he received a call in his mobile phone at ?bout 
7.45 am from his office informing him that the aforementioned 
H truck had been stolen by some persons. He was asked to look 
RAMESH v. STATE OF KARNATAKA [S.B.SINHA, J.] 
369 
-
....... 
into the matter. He with Driver Eshwara went in search of the A 
/ 
said truck in a Maruti Van bearing Registration No.KA02 7055. 
Near a factory which is on the side of highway No . ..:.8 at Kunigal, 
he found that some people had gathered by the side of the road. 
Upon enquiries made by them, they came to know that a pair 
of chappal was lying at some distance away from the road. 
B 
They proceeded further and found one 'pant' and two 
'<"\ 
undergarments. Proceeding further they found blood stains and 
a severed hand of a man on the field. It now stands established 
)o. 
that the same was that of the driver of the lorry. They thereafter 
went towards Solur, Nelamangala, Shivaga'nge and Kudur. On c 
the way from Kudur to Shivagange, they again found that some 
people had gathered near Thoreramanahalli and upon 
enquiries made, they were informed that one dead body was 
lying at some distance. They found the dead body to be that of 
the cleaner, Shekar. 'They informed the owner of the vehicle D 
thereabout. They furthermore went in search of the truck. They 
~ 
came to learn that the driver of the truck, Manja had been 
admitted to Mallige Medical Centre at Bangalore City 
whereupon they visited the nursing home and found hi
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