NDLI: Rajendra @ Rajappa and Ors. Vs. State of Karnataka

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1860 – s. 302 r/w 149 Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 302 r/w 149 – Murder pursuant to armed assault – Deceased was assaulted with axe, stick, pickaxe and stone when he was coming back from work alongwith his wife (PW1) and elder brother (PW2) – Six accused – A-1 died – Trial court acquitted A-2 to A-6 – High Court reversed acquittal of A-2 to A-5 and convicted them u/s.302 r/w s.149, however, confirmed acquittal of A-6 – On appeal by A-2 to A-5 (appellants), held: Trial court erred in disbelieving the evidence of PWs-1 to 3 only on the ground that they were relatives of the deceased, forgetting that PW- 1 was daughter of A-1 and PW-3 was A-1’s wife – No reason for PW-3 to depose against her own husband making such serious allegations – Depositions of PW-1 to PW-3 when considered alongwith the documentary evidence on record and medical evidence of PWs-10 and 14, made it clear that their evidence was natural, trustworthy and acceptable – Injuries found in the post-mortem report were attributable to overt acts of A-2 to 5, as stated in the complaint – Contradictory portion of the statement of PW-14 not significant to discard the total evidence on record – As the view taken by the trial court was not at all a possible view and the findings ran contrary to the evidence on record, the High Court rightly reversed the judgment of the trial court by convicting A-2 to A-5 – From the evidence on record, it is clear that the assault was intentional which resulted in the death of deceased, and A-2 to A-5 had a common object, as such the High Court rightly convicted them u/s.302/149, IPC etc. Code of Criminal Procedure, 1973 – s.378 – Scope of – Appeal against acquittal recorded by trial court – Held: 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. Evidence – Witness – Credibility of – Held: Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 219
Petitioner	Rajendra @ Rajappa And Ors.
Respondent	State Of Karnataka
SCR	[2021] 2 S.C.R. 293
Judgement Date	2021-03-26
Case Number	1438

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