PRAKASH Vs. STATE OF KARNATAKA
LAWS(SC)-2014-4-38
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on April 15,2014

PRAKASH Appellant
VERSUS
STATE OF KARNATAKA Respondents





Cited Judgements :-

RAMCHARAN VS. STATE OF M.P. [LAWS(MPH)-2021-10-33] [REFERRED TO]
RAHISH @ GANJA VS. STATE [LAWS(DLH)-2017-10-171] [REFERRED TO]
STATE OF GUJARAT VS. VASUR @ VAJSUR JIVA AHIR AND ORS [LAWS(GJH)-2017-11-200] [REFERRED TO]
STATE OF CHHATTISGARH VS. SUNIL @ BALIKARAN SAHU [LAWS(CHH)-2016-8-5] [REFERRED TO]
MANOJ KUMAR SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-1-61] [REFERRED TO]
THE STATE OF BIHAR AND ORS. VS. SHAMSHE ALAM AND ORS. [LAWS(PAT)-2015-11-71] [REFERRED TO]
MUNNALAL VS. STATE OF M.P. [LAWS(MPH)-2017-7-15] [REFERRED TO]
SATISH @ LEELU SON OF SHRI SATYAPAL, BY CASTE YADAV VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-1-337] [REFERRED TO]
SIVA VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2022-7-151] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2014-5-558] [REFERRED TO]
CHARAN SINGH VS. THE STATE (NCT OF DELHI) [LAWS(DLH)-2020-11-169] [REFERRED TO]
BADRI AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2018-9-121] [REFERRED TO]
CHAMANLAL JANGDE VS. STATE OF C.G. [LAWS(CHH)-2023-7-77] [REFERRED TO]
SURDAS BALKRISHNA KIRGAT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-9-4] [REFERRED TO]
SOLAMALAI VS. STATE REP. BY THE INSPECTOR OF POLICE [LAWS(MAD)-2022-8-107] [REFERRED TO]
K. SOMANATH NAYAK VS. D. VEERENDRA HEGGADE [LAWS(KAR)-2022-5-17] [REFERRED TO]
PREMCHAND VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2016-2-45] [REFERRED TO]
KOUSHIK VS. STATE OF KARNATAKA [LAWS(KAR)-2019-10-174] [REFERRED TO]
DEEPAK NANDA AND ORS. VS. STATE [LAWS(DLH)-2015-11-62] [REFERRED TO]
DUMBI DEOGAM ALIAS SIKUR DEOGAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-11-169] [REFERRED TO]
BHARAT SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-3-94] [REFERRED TO]
ANIL @ KHEM CHAND KHATRI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-9-242] [REFERRED TO]
KANNA SINGH @ KARAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-209] [REFERRED TO]
THE REGISTRAR GENERAL BENGALURU VS. VENKATESHA @ CHANDRA BIN VENKATASWAMY CHANNASANDRA [LAWS(KAR)-2017-7-218] [REFERRED TO]
MURUGAN VS. STATE [LAWS(MAD)-2023-4-186] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
AFTAB KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-380] [REFERRED TO]
KALYAN VS. STATE OF M. P. [LAWS(MPH)-2022-5-45] [REFERRED TO]
SATHEESH BABU VS. STATE OF KERALA [LAWS(KER)-2023-12-99] [REFERRED TO]
KATRAVATH SHIVA VS. STATE OF TELANGANA [LAWS(TLNG)-2022-11-142] [REFERRED TO]
WILLIAM VS. STATE OF KARNATAKA [LAWS(KAR)-2015-2-478] [REFERRED TO]
RUPESH KUMAR @ PINTU VS. STATE [LAWS(RAJ)-2016-8-6] [REFERRED TO]
ANCHI DEVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-325] [REFERRED TO]
STATE OF MAHARASHTRA VS. KISHOR PRAMOD MOHOLKAR [LAWS(BOM)-2021-3-99] [REFERRED TO]
SANTOSH KUMAR YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-5-79] [REFERRED TO]
ARVIND KUMAR VERMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-6-66] [REFERRED TO]
VISHAL ARORA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-11-97] [REFERRED TO]
STATE OF GUJARAT VS. KANTIBHAI KHETABHAI HARIJAN [LAWS(GJH)-2017-11-233] [REFERRED TO]
STATE OF U.P. VS. SUNIL [LAWS(SC)-2017-5-5] [REFERRED TO]
BAIJU @ VIJAY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-2-74] [REFERRED TO]
BOLLAPALLY SRINIVAS RAVI KUMAR VS. STATE OF ANDHRA PRADESH [LAWS(TLNG)-2022-8-57] [REFERRED TO]
SHANKA RGOUDA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-7-979] [REFERRED TO]
SON KALI AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-9-419] [REFERRED]
STATE OF WEST BENGAL VS. ALBERT TOPPO [LAWS(CAL)-2019-12-81] [REFERRED TO]
KIRAN CHANDRAKANT OVHAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-4-204] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-1-241] [REFERRED TO]
AMARDEEN VS. STATE [LAWS(RAJ)-2016-9-8] [REFERRED TO]
RAMAN VS. STATE [LAWS(MAD)-2022-10-131] [REFERRED TO]
DABLU MAL VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-11-9] [REFERRED TO]
SHABBIRBHAI MAHMEDBHAI MAHTAR VS. STATE OF GUJARAT [LAWS(GJH)-2019-10-52] [REFERRED TO]
MAHAVEER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-4-58] [REFERRED TO]
MAHAVEER KEVAT VS. STATE [LAWS(RAJ)-2016-7-50] [REFERRED TO]
VIKRAM AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-191] [REFERRED TO]
THE PRESIDING OFFICER, FAST TRACK COURT VS. GOVINDARAJU ALIAS GOVINDA ALIAS KUMARA AND OTHER [LAWS(KAR)-2017-10-195] [REFERRED TO]
REGISTRAR GENERAL HIGH COURT OF KARNATAKA VS. VENKATESHA @ CHANDRA [LAWS(KAR)-2017-7-225] [REFERRED TO]
SONVIR @ SOMVIR VS. THE STATE OF NCT OF DELHI [LAWS(SC)-2018-7-10] [REFERRED TO]
JILAL UDDIN VS. STATE OF TRIPURA [LAWS(TRIP)-2019-2-16] [REFERRED TO]
TIKA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-65] [REFERRED TO]
HARLAL AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-201] [REFERRED TO]
TEHSEEM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-7-383] [REFERRED]
SUNIL KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-5-77] [REFERRED TO]
SUSHIL ARORA VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2017-12-166] [REFERRED TO]
GIRIMALLAYYA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-7-292] [REFERRED TO]
HAZARA BEGUM VS. STATE OF A.P. [LAWS(TLNG)-2018-6-3] [REFERRED TO]
VARINDER VERMA AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-4-13] [REFERRED TO]
HARI OM @ HERO VS. STATE OF U.P. [LAWS(SC)-2021-1-7] [REFERRED TO]
HEMUDAN NANBHA GADHVI VS. STATE OF GUJARAT [LAWS(SC)-2018-9-70] [REFERRED TO]
KAMLESH VS. STATE OF MP [LAWS(MPH)-2018-3-60] [REFERRED TO]
KALLU @ KALICHARAN VS. THE STATE OF M.P. [LAWS(MPH)-2018-3-137] [REFERRED TO]
BHIMAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-7-138] [REFERRED TO]
RAJEGOWDA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-145] [REFERRED TO]
KOMAL CHANDRAVANSHI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-7-51] [REFERRED TO]
KHEM SINGH ALIAS NITU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-4-143] [REFERRED TO]
HEMA RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-47] [REFERRED TO]
SEKHAR S/O SABHANAYAKAM VS. STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OFFICER, E T SOUTH POLICE STATION [LAWS(KER)-2019-9-11] [REFERRED TO]
MANOJ KUMAR S S/O A G SURESH VS. STATE OF KARNATAKA [LAWS(KAR)-2015-6-473] [REFERRED]
MAHENDRA SINGH @ GHODA S/O SH. CHHOTU SINGH, BY CASTE RAWAT, R/O VILLAGE BORAJ, POLICE STATION CHRISTIAN GANJ, DISTRICT AJMER (AT PRESENT CONFINED IN CENTRAL JAIL, AJMER) VS. THE STATE OF RAJASTHAN THROUGH THE PUBLIC PROSECUTOR [LAWS(RAJ)-2016-8-47] [REFERRED TO]
INDER VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-2-214] [REFERRED TO]
MD TALIB VS. STATE OF BIHAR [LAWS(PAT)-2019-8-61] [REFERRED TO]


JUDGEMENT

- (1.)The substantial issues raised in this appeal, in which the conviction is based on circumstantial evidence, primarily relate to the presence of the convict at the place and time of the murder of Gangamma, the analysis of the fingerprint evidence recovered from the place of incident and the recovery of blood stained clothes of the convict and the ornaments of the deceased at his instance. On all issues, we find in favour of the convict and conclude that that none of the circumstances that have been found against him by the High Court and which have led to his conviction have been satisfactorily proved. The conviction must, therefore, be set aside.
The facts

(2.)On 5th November, 1990 the appellant Prakash, ordinarily a resident of Nagenahalli village in Doddaballapur taluk of Bangalore district was searching for Gangamma's house in Bangalore. While doing so, he met PW-6 (also named Gangamma) and asked her for directions. Since PW-6 did not know the way to Gangamma's house, she took Prakash to PW-7 Ammajamma's house, and requested her to take Prakash to Gangamma's house.
(3.)Ammajamma then took Prakash to Gangamma's house. On reaching there, Prakash informed Gangamma that Swamy (son of her brother PW-3 Hucha Basappa) and he had come from the village and he enquired from Gangamma whether Swamy had reached. Gangamma informed him that Swamy had not come to her house and asked him (Prakash) to disclose his identity. Thereupon, Prakash introduced himself and Ammajamma left them and returned home. This happened at about 1.00 p.m. on 5th November, 1990.


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