LexTHAMMARAYA AND ANOTHER versus THE STATE OF KARNATAKA
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[2025] 1 S.C.R. 948 : 2025 INSC 108 Thammaraya and Another v. The State of Karnataka (Criminal Appeal No. 649 of 2013) 22 January 2025 [Vikram Nath, Sanjay Karol and Sandeep Mehta,* JJ.] Issue for Consideration Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable. Headnotes† Evidence – Case based on circumstantial evidence – Prosecution relied solely on recoveries of articles allegedly looted from the deceased – Conviction u/s.201, s.302 r/w s.34, IPC – Sustainability: Held: Unsustainable – Impugned judgments quashed, set aside – Neither the disclosure statements of the accused persons were proved as per law nor the prosecution was able to establish the factum of recoveries of articles purported to have been made on the behest of the accused persons by leading proper evidence – Testimony of IO (PW-27) lacks material aspects required to prove the disclosure statement followed by the recovery – There is also material omission on his part in not conducting a Test Identification Parade of the recovered articles, more particularly when the prosecution case was based solely upon recoveries of these articles – Prosecution’s case is weak, not proved beyond reasonable doubt – Chain of circumstantial evidences not so complete, so as to lead to the only hypothesis of the guilt of the accused totally inconsistent with their innocence – Appellants acquitted. [Paras 28, 26, 25, 27, 29] Murder – Case based solely on circumstantial evidence – Appreciation of evidence – Discussed. [Paras 14, 15] Case Law Cited Sharad Birdhichand Sarda v. State of Maharashtra [1985] 1 SCR 88 : (1984) 4 SCC 116; Babu Sahebagouda Rudragoudar and * Author [2025] 1 S.C.R. 949 Thammaraya and Another v. The State of Karnataka Other v. State of Karnataka [2024] 5 SCR 174 : (2024) 8 SCC 149; Ramkishan Mithanlal Sharma v. State of Bombay [1955] 1 SCR 903 : (1954) 2 SCC 516; Munna Kumar Upadhyay alias Munna Upadhyaya v. State of Andhra Pradesh through Public Prosecutor, Hyderabad, Andhra Pradesh [2012] 6 SCR 611 : (2012) 6 SCC 174 – referred to. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973; Evidence Act, 1872. List of Keywords Circumstantial evidence; Recoveries of articles; Looted from the deceased; Asphyxia; Strangulation; Disclosure statement not proved; Sheer negligence; Dereliction of duty; Test Identification Parade (TIP) not conducted; Facta probantia; Factum probando; Chain of circumstantial evidences; Recovery memorandums; Case not proved beyond reasonable doubt; Acquittal. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 649 of 2013 From the Judgment and Order dated 03.08.2010 of the High Court of Karnataka at Gulbarga in CRLA Nos. 964 and 1157 of 2006 Appearances for Parties Rajesh Mahale, Sr. Adv., Parikshith Maliye, Anirudh Gupta, Ms. Anuradha Bhat, Harisha S.R., Advs. for the Appellants. D. L. Chidananda, Adv. for the Respondent. Judgment / Order of the Supreme Court Judgment Mehta, J. 1. This appeal takes exception to the common judgment dated 3rd August, 2010 rendered by the Division Bench of High Court of 950 [2025] 1 S.C.R. Supreme Court Reports Karnataka(Circuit Bench, Gulbarga)1 in Criminal Appeal No. 964 of 2006 filed by Manoj @ Manohar2 and Criminal Appeal No. 1157 of 2006 filed by the appellants, Thammaraya3 and Basappa @ Basavaraj.4 2. The three accused persons, namely, Manoj(A-1), Thammaraya(A-2) and Basappa @ Basavaraj(A-3) were tried by the learned Fast Track Court-1, Bijapur5 in Sessions Case No. 22 of 2002 for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860.6 They were convicted and sentenced in the following terms: - Manoj(A-1) (since deceased) i. Under Section 302 IPC r/w Section 34 IPC: Life imprisonment with fine of Rs. 1000/-. ii. Under Section 201 IPC: 7 years R.I with a fine of Rs. 1000/-. Thammaraya(A-2) i. Under Section 302 IPC r/w Section 34 IPC: Life imprisonment with fine of Rs. 1000/-. ii. Under Section 201 IPC: 7 years R.I with a fine of Rs. 1000/-. Basappa(A-3) i. Under Section 302 IPC r/w Section 34 IPC: Life imprisonment with fine of Rs. 1000/-. ii. Under Section 201 IPC: 7 years R.I with a fine of Rs. 1000/-. 3. The appeal(s) preferred by the accused persons against the judgment of the trial Court came to be dismissed by the High Court, vide common judgment dated 3rd August, 2010, whic
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