SHIVANNA AND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The facts of the case leading up to this appeal have been set out in the judgment of the learned Sessions Judge and also of my learned brother and need no repetition. The evidence discloses that articles of jewellery said to have been worn by the deceased Nanjamma have been traced to the possession of the accused persons within 6 days of the date of her death and seized under a mahazar 15 days thereafter. The appellants have not explained the circumstances under which they came to be in possession of the said articles. Section 114, Evidence Act, and in particular illustration (a) to that section warrants under the circumstances a presumption of guilt against the" appellants. The learned counsel for the appellants contended that the jwellery traced to the possession of the appellants are unidentifiable articles and as such there was no material to warrant a presumption under Section 114(a), Evidence Act.

(2.) A perusal of the charge to the jury in the judgment of the learned Sessions Judge indicates that the Judge drew the pointed attention of the Jurors to the aspect relaing to the unidentifiable nature of the articles. The question whether the [articles are identifiable or unidentifiable is clearly la question of fact; The Jurors have after deliberation come to the conclusion that the articles were capable of identification and have on that basis returned a verdict of guilty against the appellants. It will not be proper for the appellate Court to differ from the verdict of the Jury regarding a question of fact, unless that verdict can be said to be perverse. It must therefore be held that the appellants have been correctly convicted for an offence under Section 392, Penal code. The conviction and sentence passed on them for an offence under Section 392, I.P.C., are confirmed.

(3.) The more important point for consideration in this case however is whether the appellants could also be deemed to be guilty of the offence of murder. The deceased Nanjamma has met with a violent and unnatural death. The injuries on her person and the opinion of the doctor regarding the cause of her death conclusively establish that she has been murdered.