LAWS(KAR)-2023-3-409

MANOJ NAIKA Vs. STATE OF KARNATAKA

Decided On March 30, 2023
Manoj Naika Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner-accused No.4 has been charge sheeted for the offences under Ss. 302 and 120B read with Sec. 149 of IPC alleging that he along with the other accused had committed murder of one Nawaz. The petitioner-accused No.4 is implicated on the basis of voluntary statement of accused Nos.1 and 2, who have stated that accused No.4 threw a stone/boulder on the head of the deceased and also on the basis of the statement of CWs.3 and 4, who have stated that the deceased was last seen along with the accused herein and other accused prior to the incident.

(2.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-State.

(3.) Sec. 114 illustration(b) of the Indian Evidence Act specifies that the Statement of co-accused is unworthy of credit unless it is corroborated in the material particulars. In the instant case, accused No.4 has been implicated only on the basis of statement of accused Nos.1 and 2 and also on the statement of C.Ws.3 and 4 who had stated that they had last seen the petitioner-accused No.4 along with the other accused before the incident.