Background of the Case
The Supreme Court of India recently delivered a significant judgment in the consolidated criminal appeals of Anand Jakkappa Pujari @Gaddadar and Mahadev Sidram Hullolli, challenging their convictions by the High Court of Karnataka. The appellants were originally accused along with one Kalappa Hanamant Kamakeri for offences under Sections 302, 364, 404, 201 read with Section 34 of the Indian Penal Code, 1860 (IPC). The core of the prosecution's case revolved around the murder of Bebakka, Kalappa's sister, allegedly motivated by a substantial financial dispute involving a loan of INR 20 lakhs and a gold chain, coupled with disagreements over ancestral property. The deceased was last seen with Kalappa, and subsequently with the appellants. Her charred remains were later found in Mullur forest.
Supreme Court's Scrutiny of Circumstantial Evidence
The apex court meticulously examined the foundational premise of the convictions, noting that " the entire case of the prosecution hinges on circumstantial evidence. " It delved into the application of the 'last seen together' theory, an incriminating circumstance where the time gap between the accused and deceased being last seen alive and the discovery of the dead body is minimal. While acknowledging the testimony of PW-7, who claimed to have seen the deceased with Kalappa and the appellants boarding his car, the Supreme Court cautioned against sole reliance. The Court emphasised that " it would be too risky to reach the conclusion that the appellants before us are guilty of a serious crime like murder, in their capacity as accomplice, solely on this piece of circumstance of
