Conviction under Section 302 IPC Overturned; Prosecution Fails to Establish Guilt Beyond Reasonable Doubt
In a significant judgment, the Kerala High Court has overturned the conviction of Ratheesh, the accused in the Harippad murder case, who was previously sentenced to life imprisonment under Section 302 of the Indian Penal Code (IPC) for the murder of Danesh @ Kannan. The division bench, comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, found that the prosecution failed to establish a complete chain of circumstantial evidence pointing unerringly to Ratheesh's guilt.
The case, dating back to March 6, 2016, involved the alleged murder of Danesh by Ratheesh using a shock absorber as a weapon. The prosecution's case hinged on circumstantial evidence and the recovery of the weapon based on Ratheesh's alleged confession. However, the High Court found numerous discrepancies in the recovery process and the reliability of the evidence.
The judgment highlighted that key witnesses, including those related to the accused, turned hostile during the trial. Additionally, the recovery of the shock absorber was challenged, with witnesses testifying that signatures were obtained at the police station rather than the site of recovery. The court found no credible evidence to substantiate the prosecution's claims, emphasizing that the fingerprint and blood stain evidence on the weapon could be explained by other hypotheses.
The court applied the established legal principles for cases based on circumstantial evidence, requiring that the circumstances must be cogently and firmly established, unerringly pointing towards the guilt of the accused, and forming a complete chain that excludes any hypothesis other than guilt. The prosecution, according to the court, failed to meet these stringent standards.
The High Court's decision underscores the importance of reliable evidence and the burden on the prosecution to prove guilt beyond a reasonable doubt in criminal cases. The judgment directs the immediate release of Ratheesh unless he is required to remain in custody for any other case.
Bottom Line:
Conviction under Section 302 IPC set aside due to failure of prosecution to establish a complete chain of circumstances pointing unerringly to the guilt of the accused. Recovery of weapon and related evidence found unreliable.
Statutory provision(s): Indian Penal Code, 1860 Section 302, Evidence Act, 1872 Section 27, Criminal Procedure Code, 1973 Section 313, Section 209, Section 227, Section 232, Section 357(1)(c), Section 433A
Ratheesh v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2864376
