AUGUSTINE SALDANHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals relate to the common judgment of Karnataka High Court whereby the judgment of acquittal passed by the trial Court was set aside. Augustine Saldanha-appellant in Criminal Appeal No. 854/1996 was held guilty of offence punishable under Section 302 of Indian Penal Code, 1860 (in short 'IPC') and sentenced to undergo imprisonment for life. Rocky Saldanha-appellant in Criminal Appeal No. 1734/1996 was found guilty for offences punishable under Section 324, IPC and sentenced to undergo imprisonment for one year. They were also sentenced to pay fine of Rs. 5,000/- and Rs. 1,000/- respectively with default stipulation of six months SI and one months SI respectively. Accusations which, formed foundation of prosecution version are essentially as follows :

(2.) In support of the appeal learned counsel has submitted that the trial Court had correctly appreciated the evidence and the High Court was not justified in reversing the findings. It was quite improbable that P.W. 1 identified the accused persons in the dark night. The injuries found on the body of the deceased and P.W. 1 do not tally with the version as stated by P.W. 1 in his evidence.

(3.) The evidence of P.W. 1 and P.W. 8 suffers from many infirmities. For example, as to how P.W. 1 who was in unconscious condition could be able to give a report without any medical aid, is not explained. Residually, it was argued that one blow was given in the dark night and it would rule out application of Section 302, IPC.