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Supreme Court of India
Rajendra @ Rajappa vs State Of Karnataka on 26 March, 2021Author: Sanjay Kishan Kaul

Bench: Sanjay Kishan Kaul, R. Subhash Reddy

Crl.A.No.1438 of 2011

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1438 OF 2011

Rajendra @ Rajappa & Ors. …..Appellants

Versus

State of Karnataka …..Respondent

JUDGMENT

R. Subhash Reddy, J.

1. This criminal appeal is filed by the accused nos.2 to 5 in

Sessions Case No.162 of 2003 on the file of Fast Track Court­IV,

Gulbarga, aggrieved by the judgment and order of conviction and

sentence dated 22.02.2011 in Criminal Appeal No.1812 of 2005

passed by the High Court of Karnataka (Circuit Bench at Gulbarga).

2.
Signature Not Verified
Sessions Case No.162 of 2003 is a case chargesheeted by
Digitally signed by
NEETU KHAJURIA
Date: 2021.03.26
19:01:59 IST
Reason:
Shahbad Police Station in the State of Karnataka against the

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Crl.A.No.1438 of 2011

appellants­accused under Sections 143, 147, 148, 324, 326, 307, 302

read with 149 of Indian Penal Code (IPC). For the aforesaid offences,

they were tried by the Fast Track Court­IV at Gulbarga and by

judgment dated 20.06.2005, the appellants/accused nos.2 to 5 and

accused no.6 were acquitted for the charges framed against them. As

the accused no.1 died during the pendency of the proceedings, case

was abated against him.

3. Aggrieved by the acquittal of the appellants, the respondent­

State has preferred Criminal Appeal No.1812 of 2005 before the High

Court of Karnataka. The High Court, by the impugned judgment and

order dated 22.02.2011, has allowed the appeal partly and convicted

the appellants/accused nos.2 to 5 for various offences they were

charged with, and confirmed the acquittal of the accused no.6 (Smt.

Shantabai). All the appellants were sentenced for various offences as

under :

(i) R.I. for a period of three months and to pay fine of
Rs.3,000/­ each. In default, to undergo S.I. for a period of
one month for the offence under Section 143 IPC.

(ii) R.I. for a period of one year and to pay fine of
Rs.4,000/­ each. In default, to undergo S.I. for a period of
three months for the offence under Section 148 r/w
Sec.149 of IPC.

(iii) R.I. for a period of one year and also to pay fine of
Rs.5,000/­ each. In default, to undergo S.I. for a period of

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Crl.A.No.1438 of 2011

four months for the offence under Section 324 r/w Sec.149
IPC.

(iv) R.I. for a period of two years and to pay fine of
Rs.6,000/­ each. In default, to undergo S.I. for a period of
five months for the offence under Section 326 r/w Sec.149
of IPC.

(v) Life imprisonment and also to pay fine of Rs.8,000/­
each. In default, to undergo S.I. for a period of one year for
the offence under Section 302 IPC r/w Sec.149 of IPC.

4. Stated in brief, the necessary facts and the case of the

prosecution for the disposal of this appeal are as under :

 The complainant (PW­1) Sheshamma, is the wife of the

deceased. That on 02.02.2003 the complainant and her

husband went to coolie work in the morning and when they

were returning along with firewood bundle and PW­2 was

following them, at about 11:30 a.m. when the complainant

and her husband came near the Government Hostel, all the

accused A­1 to A­6 armed with axe, stick, pickaxe and stone,

attacked the deceased and thereby inflicted fatal wounds on

his person by assaulting him with weapons which they were

carrying. It is further alleged that the complainant rescued

her husband, went behind the hostel, the accused followed

them and A­1 assaulted the deceased with axe on left cheek,

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Crl.A.No.1438 of 2011

A­2 assaulted with bedaga, A­3 assaulted with stick, A­4

assaulted with club, A­5 assaulted with axe. A­1 is the father

of the complainant; A­2 and A­4 are uncles of the

complainant; A­3 and A­5 are sons of A­1’s sister and A­6 is

one of the sisters of A­1. It is alleged in the complaint that all

the accused have attacked the deceased and started abusing

him saying that, inspite of telling not to pass from the front of

their houses and to show their faces, they have come towards

the side of the accused. Further, it is stated in the complaint

that when she and her husband tried to escape and ran away

from the back side of the hostel, all the accused followed

them and attacked them. Further, it is stated that as her

husband sustained grievous injuries he died on the spot and

said incident was witnessed by her mother Sayamma and her

sister Rathnamma, Mahesh and their villagers Haji, Hussain

have also seen. In her complaint, she prayed to take action

against the accused.

 The police, after investigation of the case and after completion

thereof, filed chargesheet against the accused under various

sections, as stated already.

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Crl.A.No.1438 of 2011

 After committal of the case to the Fast Track Court­IV,

Gulbarga, as accused no.1 was reported dead, case against

him was abated. After hearing the accused, the charge was

framed against the appellants under Sections 143, 147, 148,

324, 326, 302, 307 read with 149, IPC. The accused pleaded

not guilty and claimed trial.

 The prosecution, to prove its case examined 22 witnesses, i.e.,

PW­1 to PW­22 and got marked 15 documents as exhibits, i.e.

P­1 to P­15 and material objects ­ MO­1 to MO­13 were

marked. No witness was examined in defence, but 10

documents – Ex.D­1 to D­10 were marked.

5. After appreciating the ocular and documentary evidence on

record, the trial court has acquitted all the accused from the charges

with the following observations :

 The deceased died due to brain hemorrhage on account of

multiple head injuries suffered by him;

 As per the evidence, deceased died 6 to 8 hours earlier to the

postmortem examination;

 PW­1 to PW­5 being close relatives of the deceased, they were

inimical with each other before the incident, therefore, their

evidence has to be considered with great care and caution;

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Crl.A.No.1438 of 2011

 The name of PW­6, the only independent witness, is not

mentioned in the complaint;

 It is not clear, at what time injuries were sustained or the

incident took place;

 The nature of injuries and details of the same are not

consistent;

 There are different versions in the oral and documentary

evidence and they do not tally with each other;

 Key witnesses to the incident were not examined;

 The weapons used for the offence do not find a mention in the

complaint itself;

 Discrepancies in the statement of PW­1 and as she has not

disclosed about the earlier Sessions case which was going on

against her husband, PW­2 and their father.

6. On appeal by the State, the High Court, while confirming the

conviction of the accused no.6, has convicted accused nos.2 to 5 by

the impugned judgment and order. The High Court, in the impugned

judgment, has mainly held that PW­1 is a truthful witness and her

testimony is quite consistent and supports the case of the

prosecution. The High Court believed the oral evidence of PW­1 and

PW­2 who are injured witnesses. High Court noted that PW­1 is no
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Crl.A.No.1438 of 2011

other than the daughter of accused no.1 and PW­3 – Smt. Sayamma –

is none other than the wife of accused no.1 – Devendrappa. They

have deposed in clear terms about the occurrence on the day of

incident. Having regard to the consistent evidence of PWs­1 to 3 as to

the occurrence of the incident, which is in the manner alleged in the

complaint – Ex.P1, High Court found that the trial court has

committed serious error in disbelieving their evidence, for the charges

levelled against the accused. The High Court also considered the

testimony of Medical Officer PW­14 and held that the occurrence of

incident of assault on the deceased by the accused resulting in spot

death of the deceased, is proved beyond reasonable doubt. Further,

by observing that in view of such evidence, motive for the commission

of murder of the deceased by accused assumes little importance.

However, referring to the evidence of PWs­1 to 3 it is held that even

the motive is established as much as there was a dispute between the

parties in respect of tapping of toddy trees, therefore, accused

developed ill­will against the deceased. By recording a finding that the

evidence on record was not properly appreciated by the trial court, the

High Court has found that the prosecution has proved the case

against the accused nos.2 to 5 and they are guilty of committing

murder of the deceased and causing injuries to PWs­1 and 2. It is

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Crl.A.No.1438 of 2011

further held that all the accused – A­2 to A­5 – have had shared

common object of causing the death of the deceased, as such all are

liable to be convicted for the offences alleged against them.

7. In this appeal, Ms. Kiran Suri, learned senior counsel

appearing for the appellants­accused has submitted that the trial

court, by considering the entire evidence on record and by noticing the

material discrepancies in the evidence on record, has rightly held that

the prosecution has not proved the guilt of the accused beyond

reasonable doubt. It is submitted by learned counsel that the view

taken by the trial court was a possible view. In that view of the

matter, the High Court committed error in reversing the well reasoned

judgment of the trial court. The learned counsel has placed reliance

on a judgment of this Court in the case of Shivaji Sahabrao Bobade

& Anr. v. State of Maharashtra1 wherein this Court has considered

the scope of appeal against acquittal under Code of Criminal

Procedure 1898. Reference is also made to the judgment of this Court

in the case of Kanhaiya Lal & Ors. etc. v. State of Rajasthan etc.2

wherein this Court has considered scope of appeal under Section 378

of Code of Criminal Procedure, 1973 and has held that unless there

1 (1973) 2 SCC 793
2 (2013) 5 SCC 655

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Crl.A.No.1438 of 2011

are substantial and compelling reasons, judgment of acquittal cannot

be overturned. Further, reference is also made to a judgment of this

Court in the case of V.N. Ratheesh v. State of Kerala3 wherein this

Court has held that the order of acquittal shall not be interfered with

because the presumption of innocence of the accused is further

strengthened by acquittal. By further referring to the medical

evidence and ocular evidence on record, it is submitted by learned

counsel that evidence of PW­14 (Medical Officer) and the contents of

Ex.P­6, i.e., postmortem report run contrary to the deposition of PW­1

and that in view of such material contradictions, the High Court ought

not have interfered with the judgment of the trial court. Further, it is

submitted, having regard to the evidence of PW­14 who conducted the

autopsy on the dead body of the deceased and the Ex.P­6 –

postmortem examination report which revealed that stomach

contained undigested rice like food particles, as such it was held that

deceased might have died about 18 hours prior to his postmortem

examination, clearly falsifies the case of the prosecution that the

deceased was assaulted by the accused at about 11:30 a.m. on

02.02.2003. To buttress the said submission, the learned counsel has

relied on a judgment of this Court in the case of Moti & Ors. v. State

3 (2006) 10 SCC 617

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Crl.A.No.1438 of 2011

of U.P.4. Lastly, it is submitted that in any event it is not a case for

conviction under Section 302 IPC as there was no intention to kill the

deceased, and if her submissions are not accepted on merits of the

matter, she made a request to modify the conviction to one under

Section 304­II, IPC.

8. On the other hand, learned counsel appearing for the State of

Karnataka, by taking us to the various findings recorded by the trial

court as well as the High Court, has submitted that the findings in

support of acquittal recorded by the trial court are perverse and

erroneous. It is always open for the appellate court to reappreciate

the evidence and reverse such findings. It is contended by learned

counsel, though PWs­1 to 3 are rustic villagers and when deposing

after a long lapse of time from the date of incident, the minor

discrepancies will occur and same is no ground to discard their

evidence. It is submitted that the evidence of PWs­1 to 3 is

trustworthy and natural. Inspite of the same, by misconstruing the

evidence, the trial court discarded their testimony only on the ground

that all are interested witnesses as they are related. It is submitted

that even the accused was related to PWs­1 to 3 and merely because

they are related, same is no ground to discard their evidence. By

4 (2003) 9 SCC 444

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Crl.A.No.1438 of 2011

referring to the various findings recorded by the High Court, learned

counsel has submitted that the findings recorded in support of

conviction by the High Court are in conformity with the evidence on

record, as such there are no grounds to interfere with the same.

Lastly, it is submitted that if the view taken by the trial court is a

possible view, having regard to the evidence on record, it is not open

for the appellate court, unless there are compelling and strong

grounds made out for interference but at the same time when the

findings recorded by the trial court are not in conformity with the

evidence on record, perverse and erroneous, it is always open for the

High Court to reverse the same. It is submitted that in view of the

common object shared by the accused to commit murder of the

deceased there are no grounds to interfere with the conviction

recorded under Section 302 read with 149 IPC etc., as recorded by the

High Court.

9. The learned counsel for the appellants placed reliance on

judgments of this Court in the case of Shivaji Sahabrao Bobade1

wherein the scope of the appeal preferred against acquittal is

considered by this Court. In the said case this Court has considered

the scope of appeal against acquittal, as a matter of practice.

Incidentally, in the said case, this Court has also held that while

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Crl.A.No.1438 of 2011

appreciating evidence in criminal trials, as far as the nature of

depositions by rural witnesses is concerned, courts not to judge their

evidence by same standard of exactitude and consistency as that of

urban witnesses. In the judgment in the case of V.N. Ratheesh3

power of the appellate court in appeals against acquittal is considered

by this Court. Similarly in the judgment in the case of Kanhaiya Lal2

this Court has held that while dealing with appeals against acquittals

unless there are substantial and compelling reasons and good and

sufficient grounds and very strong circumstances, interference is not

called for.

10. It is true that in various authoritative pronouncements, this

Court has circumscribed the scope of appeal under Section 378 of the

Cr.PC, in cases where appeal is preferred against acquittal recorded

by the trial court. Further, it is also settled proposition that unless

the view taken by the trial court is not a possible view, normally the

High Court should not interfere with the acquittal recorded by the trial

court. There cannot be any straight­jacket formula to apply readily

for the cases in appeals arising out of acquittal recorded by the trial

court. Whether the view taken by the trial court is a possible view or

not; whether the findings recorded by the trial court are in conformity

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Crl.A.No.1438 of 2011

with the evidence or not; are the matters which depend upon facts

and circumstances of each case and the evidence on record. By

reappreciating evidence on record if appellate court comes to

conclusion that findings recorded by the trial court are erroneous and

contrary to law, it is always open for the appellate court, by recording

good and compelling reasons for interference and overturn the

judgment of acquittal by converting the same to that of conviction.

11. In this case, it is to be noted that the deceased; PWs­1 to 3;

and accused were closely related. The trial court has disbelieved the

evidence of PWs­1 to 3 only on the ground that they are relatives of

the deceased, forgetting the fact that PW­1 Smt. Sheshamma is the

daughter of accused no.1 and PW­3 is no other than the wife of

accused no.1. It is clear from the evidence on record that they are

rustic villagers and incident happened when they were returning to

their house after attending the coolie work. In Ex.P­1 itself PW­1 has

stated that there was dispute between her deceased husband and his

elder brother Husanayya (PW­2) on one side and her father (accused

no.1 – Devendrappa) and his brothers on other side in respect of

sharing of tapping of toddy trees. As a result of such dispute, her

senior and junior uncles were telling her that she should not come

towards the side of their house. Further, PW­1 Smt. Sheshamma,

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Crl.A.No.1438 of 2011

who was accompanying the deceased at the time of the incident, has

stated in her evidence that at about 06:00 a.m. she, her deceased

husband and also PW­2 – Husanayya, together went to attend coolie

work and when they were returning to their house, at about 11:30

a.m. assault was made near the hostel. It is quite natural that in

rural areas, going to work in early hours and coming back to their

home around 11­11:30 a.m. to have their food. She has also clearly

stated in her deposition that A­1 – Devendrappa (who is now dead) hit

with axe on the left cheek of the deceased, A­3 – Dattayya hit the

deceased with bedaga (a sharp­edged agricultural instrument) on his

head, A­4 – Manik assaulted with club on the head of the deceased,

and A­5 – Basayya also assaulted the deceased with axe on his head.

If we examine the testimony of PW­1 closely, it is clear that it is

consistent with her allegations in her complaint – Ex.P­1. Ex.P­6 is

the postmortem examination report in which the external injuries on

the dead body of the deceased were mentioned. If the complaint made

by PW­1 and her testimony are considered along with the injuries

found in Ex.P­6 – postmortem report, it makes it clear that the said

injuries referred in the postmortem report are attributable to overt

acts of the accused nos.2 to 5, as stated in the complaint. PW­1 has

not made any improvements, omission or contradiction, so far as it

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Crl.A.No.1438 of 2011

relates to details of occurrence of the incident in the manner alleged in

the complaint – Ex.P­1 and as deposed by her in the examination­in­

chief. As PW­1 is a rustic villager, discrepancies in timelines, as to

the time when she was examined by PW­14 (doctor) for the said

injuries cannot go to the root of the prosecution case and further it is

to be noted that she sustained injury on the said date and she was

examined by PW­14. The deposition of PW­1 appears to be truthful

and trustworthy. PW­2 – Husanayya, the elder brother of the

deceased has also stated in his evidence narrating the incident in the

same lines as that of PW­1. PW­2 is also an injured witness in the

incident and PW­10 (doctor) examined him for the said injury and

Ex.P­4 is the wound certificate pertaining to injuries suffered by PW­2,

issued by PW­10 – Dr. M.S. Dhadave, Senior Specialist in District

Hospital, Gulbarga. The contents of the wound certificate and oral

evidence of PW­2 also establish that the injured PW­2 – Husanayya

was brought to the hospital by his wife with a history of assault on

him on the same day by Devendrappa (A­1) and others. PW­3 – Smt.

Sayamma is none other than the wife of accused no.1 – Devendrappa

who died during the pendency of trial and mother of PW­1. There is

absolutely no reason for PW­3 to depose against her own husband

making such serious allegations. If the depositions of PW­1 to PW­3

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Crl.A.No.1438 of 2011

are considered along with the documentary evidence on record and

medical evidence of PWs­10 and 14, it is crystal clear that their

evidence is natural, trustworthy and acceptable. The trial court has

disbelieved their testimony by referring to some minor contradictions.

This Court, in the case of Narayan Chetanram Chaudhary & Anr. v.

State of Maharashtra5, has considered the minor contradictions in

the testimony, while appreciating the evidence in criminal trial. It is

held in the said judgment that only contradictions in material

particulars and not minor contradictions can be a ground to discredit

the testimony of the witnesses. Relevant portion of Para 42 of the

judgment reads as under:

“42. Only such omissions which amount to contradiction
in material particulars can be used to discredit the
testimony of the witness. The omission in the police
statement by itself would not necessarily render the
testimony of witness unreliable. When the version given by
the witness in the court is different in material particulars
from that disclosed in his earlier statements, the case of
the prosecution becomes doubtful and not otherwise.
Minor contradictions are bound to appear in the
statements of truthful witnesses as memory sometimes
plays false and the sense of observation differ from person
to person. The omissions in the earlier statement if found
to be of trivial details, as in the present case, the same
would not cause any dent in the testimony of PW 2. Even if
there is contradiction of statement of a witness on any
material point, that is no ground to reject the whole of the
testimony of such witness.

5 (2000) 8 SCC 457

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Crl.A.No.1438 of 2011

… … …”

Though the evidence of PWs­1 to 3 is consistent, reliable and

trustworthy, the trial court, only by referring to minor contradictions,

disbelieved the whole of their testimony. Thus, we are of the view that

the findings, as recorded by the trial court in support of the acquittal,

are contrary to evidence on record and the testimony of PWs­1, 2 and

3. Thus such findings, being perverse and erroneous, it is always

open for the appellate court to reverse such findings on reappreciation

of evidence on record. As regards the contradictory portion of the

statement of PW­14 pointed out by learned counsel with reference to

entries under Ex.P­6 wherein it was recorded that undigested food

was found in the stomach, it is to be noticed that in Ex.P­6 itself

reveals that the intestine of the deceased was full of faecal matter,

therefore, death must have occurred between 3 to 12 hours prior to

the postmortem examination, which supports the prosecution case.

In that view of the matter, the contradictory portion of the statement

of PW­14 needs to be discarded and not significant to discard total

evidence on record. In view of the foregoing, we are of the view that

the judgments relied on by the learned counsel for the appellants

would not render any assistance in support of her case that the High

Court has committed error in reversing the acquittal recorded by the

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Crl.A.No.1438 of 2011

trial court. Having regard to evidence on record, as we are of the view

that the view taken by the trial court was not at all a possible view

and the findings run contrary to the evidence on record, the High

Court has rightly reversed the judgment of the trial court by

convicting the appellants (A­2 to A­5). Further we also do not find any

merit in the contention of the appellants that in any case it is not a

case for conviction under Section 302, IPC and same be modified to

that of conviction under Section 304­II, IPC. From the evidence on

record, it is clear that the assault was intentional which resulted in

the death of the deceased and all accused – A­2 to A­5 – had a

common object, as such the High Court has rightly convicted the

accused for offence punishable under Section 302/149, IPC etc.

Thus, we endorse the view of the High Court.

12. For the aforesaid reasons, we do not find any merit in this

appeal, same is accordingly dismissed.

………………………………J.
[Sanjay Kishan Kaul]

………………………………J.
[R. Subhash Reddy]

New Delhi.

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Crl.A.No.1438 of 2011

March 26, 2021.

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