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R. Sreenivasa vs. State of Karnataka (2023 INSC 803)

Criminal Appeal · 2023 INSC 803Decided 6 Sept 2023
Criminal Appeal No. 859 of 2011
Vikram Nath · Ahsanuddin Amanullah

Background

The appellant and a co-accused were tried for the murder of one Krishnappa, whose burnt body was found in a field in January 2002, allegedly killed over an illicit relationship with the appellant's sister. The Trial Court acquitted both accused, finding the prosecution had failed to prove the "last seen together" circumstance or an alleged extra-judicial confession. On the State's appeal, the Karnataka High Court reversed the acquittal only as against the appellant (upholding the co-accused's acquittal) and convicted him under Section 302 IPC with life imprisonment, prompting this further appeal to the Supreme Court.

Decision Breakdown

The Supreme Court found the High Court's reversal unsustainable because the prosecution's own case was internally inconsistent: the charge alleged the co-accused had taken the deceased away from his house, while trial witnesses instead testified it was the appellant who did so, undermining the reliability of the "last seen" evidence. The Court also noted the deceased's family did not report him missing for two to three days despite claimed animosity, and that the wife described the relationship between the families as cordial, further weakening the prosecution's motive theory. Relying on precedents including Kashi Ram, Kanhaiya Lal, Nizam, and the three-judge bench in Chotkau, the Court held that the "last seen" presumption under Section 106 of the Evidence Act only shifts the burden to the accused once the prosecution has first proved the fact of last seen beyond reasonable doubt, which had not happened here, and reiterated the double presumption of innocence favoring an accused whose acquittal is reversed. The appeal was allowed, the conviction set aside, and the appellant discharged from his bail bonds.

Lesson Learnt

In a circumstantial-evidence murder case, the "last seen together" theory only shifts the burden of explanation to the accused once the prosecution has itself proved that fact beyond reasonable doubt with a reasonably short time gap and corroboration: an appellate court cannot reverse an acquittal on a shaky or internally contradictory version of "last seen."

Official source (sci.gov.in)View Judgment (PDF)

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