Banaswadi Ps vs A2 Ravi Shankar @ Ravi on 2 April, 2026

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    Bangalore District Court

    Banaswadi Ps vs A2 Ravi Shankar @ Ravi on 2 April, 2026

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                                                            S.C.No.173/2022
                                                                  Judgment
    
    
    KABC010025492022
    
    
    
    
      IN THE COURT OF THE LIX ADDL. CITY CIVIL & SESSIONS
                JUDGE (CCH-60) AT BENGALURU.
    
           Dated this the day of 2nd day of April, 2026.
                                PRESENT:
                 SRI. SOMASHEKAR A., B.A.L, LL.M.,
                  XV ADDL.CITY CIVIL & SESSIONS JUDGE,
                             BENGALURU CITY.
                C/c LIX ADDL.CITY CIVIL & SESSIONS JUDGE,
                         CCH-60, BENGALURU CITY.
    
                   SESSIONS CASE NO.173/2022
    COMPLAINANT:          The State of Karnataka.
                          Rep. by State by Banaswadi Police Station,
                          Bengaluru.
                          (By Public Prosecutor)
    
                                        - V/s -
    
    ACCUSED :             A2.    Ravishankar @ Ravi,
                                 S/o. Kodandarama
                                 Aged about 23 years,
                                 R/at No.34, 1st Cross,
                                 Ramaiah layout,
                                 Kammanahalli,
                                 Bengaluru.
                                 (By Sri. P.R.P., Advocate)
    
                                                                Judge Sign
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                                                          S.C.No.173/2022
                                                                Judgment
    
    
    1.   Date of Commission of Offence        : 01.09.2015
    2.   Date of Report of Offence            : 01.09.2015
    
    3.   Status of the accused                : Accused No.2 is on bail
    4.   Name of the complainant              : Mr. S.Ramaswamy
    5.   Date of Commencement of evidence     : 14.02.2023
    6.   Date of Closing of Evidence          : 17.02.2026
    7.   Offences complained of               : U/Sec. 120(B), 302, 506B
                                                r/w. 34 of IPC.
                                              : Accused No.2 is not
    8.   Opinion of the Judge
                                                found guilty
    
                                 JUDGMENT
    

    This Sessions Case arises out of the split up charge sheet

    laid by the Sub-Inspector of Police, Banasawadi Police Station,

    SPONSORED

    Bengaluru, against accused No.2 and others for the offences

    punishable under Sections 120B, 302, 506 read with Section 34 of

    the Indian Penal Code in Crime No.596/2015.

    2. The brief case of the prosecution, as could be gathered

    from the charge sheet and charge framed against accused No.2, is

    that on 01.09.2015 at about 8.30 p.m. and prior thereto, near

    Kammanahalli Main Road, near church, Bengaluru, accused No.2

    Judge Sign
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    S.C.No.173/2022
    Judgment

    along with accused Nos.1, 3 and 4 entered into a criminal

    conspiracy to commit the murder of one Dileep Kumar, allegedly

    because the said Dileep Kumar was supporting the wife of accused

    No.1 and her parents in their family dispute. It is further the

    allegation of the prosecution that on the same day at about 9.00

    p.m., in front of Mariyamma Vegetable Shop, near Mukunda Theatre

    bus stop, Banasawadi, accused Nos.1 to 4 picked up quarrel with

    Dileep Kumar; accused No.1 assaulted him with hands; accused

    No.2 and accused No.4 stabbed him with knife on the stomach and

    other parts of the body; accused Nos.3 and 4 kicked him, and when

    CW-4 Jonathan attempted to rescue the deceased, the accused

    threatened him with dire consequences. It is the further case of the

    prosecution that the injured Dileep Kumar was shifted to Specialist

    Hospital, Subbaiahna Palya, and on 03.09.2015 at about 4.00 a.m.

    he succumbed to the injuries.

    3. Accused No.2 was shown as absconding and a split up

    case came to be registered against him. After securing his presence,

    the learned Magistrate took cognizance of the offences and, since

    Judge Sign
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    S.C.No.173/2022
    Judgment

    the offence under Section 302 IPC is exclusively triable by the Court

    of Sessions, committed the matter to the Sessions Court. After

    committal, the case came to be registered as S.C. No.173/2022. On

    securing the presence of accused No.2, charges were framed

    against him for the offences punishable under Sections 120B, 302,

    506 read with Section 34 IPC. The accused pleaded not guilty and

    claimed to be tried.

    4. In order to bring home the guilt of accused No.2, the

    prosecution examined six witnesses as PWs.1 to 6, got marked

    Ex.P.1 to Ex.P.6, and identified M.Os.1 to 4. After conclusion of

    prosecution evidence, the statement of accused No.2 under Section

    313 of Cr.P.C. was recorded. The accused denied all incriminating

    circumstances appearing against him and did not choose to adduce

    defence evidence.

    5. Heard the arguments of the learned Public Prosecutor

    and the learned counsel for accused No.2. Perused the oral and

    documentary evidence placed on record.

    Judge Sign
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    S.C.No.173/2022
    Judgment

    6. The following points that would arise for my

    determination.

    1) Whether the prosecution proves that the death
    of Dileep Kumar was homicidal in nature?

    2) Whether the prosecution further proves beyond
    all reasonable doubt that on 01.09.2015 at
    about 8.30 p.m. and prior thereto, near
    Kammanahalli Main Road, near church,
    Bengaluru, accused No.2 along with accused
    Nos.1, 3 and 4 entered into a criminal
    conspiracy to commit the murder of Dileep
    Kumar and thereby committed an offence
    punishable under Section 120B read with
    Section 34 IPC?

    3) Whether the prosecution further proves beyond
    all reasonable doubt that on 01.09.2015 at
    about 9.00 p.m., in front of Mariyamma
    Vegetable Shop, near Mukunda Theatre bus
    stop, Banasawadi, accused No.2, in
    furtherance of common intention with accused
    Nos.1, 3 and 4, assaulted Dileep Kumar with
    knife and thereby caused injuries which
    resulted in his death on 03.09.2015, and

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    S.C.No.173/2022
    Judgment

    thereby committed the offence punishable
    under Section 302 read with Section 34 IPC?

    4) Whether the prosecution further proves beyond
    all reasonable doubt that at the time of the
    incident accused No.2, in furtherance of
    common intention with the other accused,
    criminally intimidated CW-4 Jonathan and
    thereby committed an offence punishable under
    Section 506 read with Section 34 IPC?

    5) What Order?

    7. My answer to the above points are as under;

    Point No.1: In the Affirmative

    Point No.2: In the Negative

    Point No.3: In the Negative

    Point No.4: In the Negative

    Point No.5: As per final order, for the following:

    REASONS

    8. Point No.1: The first and foremost aspect which falls for

    determination is regarding the nature of death of Dileep Kumar. On

    this aspect, the prosecution has relied mainly upon the evidence of

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    PW.6 Dr. B.M. Nagaraj, who conducted the postmortem examination

    on the dead body of Dileep Kumar on 03.09.2015.

    9. PW.6 has deposed in clear terms that on receipt of

    requisition from Banasawadi Police, he conducted postmortem

    examination between 2.00 p.m. and 3.00 p.m. He has described in

    detail the clothes found on the dead body and the numerous injuries

    noticed externally and internally. The injuries include multiple

    surgically stapled and sutured wounds over the face, chest,

    abdomen, hands, thigh and back, and also distinct incised wounds,

    particularly over the abdomen, chest and left arm. On internal

    examination, he noticed serious damage to the peritoneum, left iliac

    vessels, mesentery, sigmoid colon and jejunum, with 1.3 litres of

    blood present in the peritoneal cavity. According to him, all injuries

    were ante-mortem, homicidal in nature, and caused by a light cutting

    weapon like knife. He has unequivocally opined that the death was

    due to haemorrhagic shock consequent to multiple homicidal injuries

    sustained. His postmortem report is marked at Ex.P.6 and his

    signature at Ex.P.6(a).

    Judge Sign
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    Judgment

    10. The cross-examination of PW.6 does not in any manner

    shake his evidence. A suggestion was made that such injuries were

    possible in an accident, but the doctor has firmly denied the same.

    No medical contradiction of any substance has been elicited. There

    is nothing on record to disbelieve his evidence. His testimony is

    natural, scientific, and fully supported by the postmortem report. The

    nature, number, site and extent of injuries found on the body of the

    deceased unmistakably establish that Dileep Kumar did not die a

    natural death or an accidental death. The medical evidence clearly

    proves that he died due to multiple homicidal knife injuries. Hence,

    this Court has no hesitation in holding that the prosecution has

    successfully proved that the death of Dileep Kumar was homicidal.

    Accordingly, Point No.1 is answered in the Affirmative.

    11. Points No.2 to 4: Since all these Points arise out of the

    same transaction and are interlinked, they are taken up together for

    common discussion in order to avoid repetition.

    Judge Sign
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    S.C.No.173/2022
    Judgment

    12. Though homicidal death is proved, it is a settled

    principle of criminal jurisprudence that proof of homicidal death by

    itself is not sufficient to convict an accused for murder unless the

    prosecution further establishes, beyond reasonable doubt, the

    participation of the accused in the occurrence and the necessary

    ingredients of the offences alleged. Suspicion, however strong,

    cannot take the place of legal proof. The burden throughout rests on

    the prosecution, and the accused is entitled to the benefit of every

    reasonable doubt.

    13. In the present case, the prosecution sought to connect

    accused No.2 with the offences by relying upon the evidence of (i)

    relatives of the deceased regarding motive and surrounding

    circumstances, (ii) the alleged eye-witness Jonathan, (iii) arrest and

    recovery related witnesses, and (iv) medical evidence. Each of these

    requires careful judicial scrutiny.

    14. PW.1/Jonathan was projected by the prosecution as the

    star witness and as the person who was allegedly present at the

    Judge Sign
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    S.C.No.173/2022
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    scene and who, according to the charge, had attempted to rescue

    Dileep Kumar and was then threatened by the accused persons.

    Therefore, the entire prosecution case for the offences under

    Sections 302 and 506 IPC substantially depended upon the

    testimony of this witness.

    15. However, when PW.1 entered the witness box, he

    completely abandoned the prosecution story. In his chief-

    examination, he stated that he did not know the accused persons in

    the case, that he knew deceased Dileep Kumar only as his

    childhood friend, that he did not know how Dileep Kumar died, and

    most importantly, that he had not seen the accused persons

    assaulting Dileep Kumar. He further stated that the accused had not

    threatened him by showing knife and that he had not given any

    statement to the police.

    16. On the request of the learned Public Prosecutor, PW.1

    was treated as hostile and was subjected to detailed cross-

    examination. In that cross-examination, all material suggestions

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    S.C.No.173/2022
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    constituting the prosecution case were denied by him. He denied

    that there was any prior quarrel between accused No.1 and his wife

    which had been pacified by the deceased. He denied that he had

    warned the deceased to be careful. He denied that on 01.09.2015 at

    about 8.30 p.m. he and the deceased were taken by the accused to

    the vegetable shop in front of Mukunda Theatre. He denied the

    suggestion that accused No.1 abused the deceased, that accused

    No.2 and accused No.4 stabbed the deceased with knife, that

    accused No.3 and accused No.4 assaulted him with hands and legs,

    and that accused No.2 threatened him with knife when he tried to

    intervene. He also denied having given any previous statement

    before the police as per Ex.P.1.

    17. Thus, PW.1, who was expected to provide direct ocular

    evidence, has not merely failed to support the prosecution; he has

    positively destroyed the core of the prosecution case. No portion of

    his testimony implicates accused No.2. His evidence does not prove

    presence of accused No.2 at the spot, does not prove assault by

    accused No.2, and does not prove criminal intimidation to him by

    Judge Sign
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    S.C.No.173/2022
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    accused No.2. Once the eye-witness himself disowns the

    occurrence, the edifice of the prosecution case becomes

    fundamentally weak.

    18. It is true that the evidence of a hostile witness is not to

    be rejected in toto and the Court can rely on such part of his

    testimony as inspires confidence. But in the present case, there is

    no incriminating portion whatsoever in the testimony of PW.1 against

    accused No.2. The only admitted fact is that after three days he

    came to know about the death of Dileep Kumar. That statement is of

    no assistance to establish guilt of accused No.2. Therefore, the

    evidence of PW.1 is wholly insufficient to sustain any of the charges

    against accused No.2.

    19. PW.2/Pramila is the sister of deceased Dileep Kumar.

    Her evidence is in Kannada. She has stated that on 01.09.2015 at

    about 8.30 p.m. the deceased telephoned her and informed that

    some persons were coming to assault him near Seva Nagar bus

    stand. She states that before she could tell him to return home, his

    Judge Sign
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    S.C.No.173/2022
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    mobile phone was switched off. Thereafter, she along with CW-1

    and CW-3 went to the spot and found Dileep Kumar lying injured

    under the bridge near Seva Nagar bus stand, asking for water and in

    a semi-conscious condition, and they shifted him to Specialist

    Hospital. She further states that later she came to know that when

    her husband had gone to advise the accused persons in connection

    with the family dispute of accused No.1 and his wife, all the accused

    had assaulted Dileep Kumar with knife and committed his murder.

    20. A careful reading of her evidence shows that PW.2 is

    not an eye-witness to the incident. She admittedly reached the place

    only after the occurrence. What she saw was the injured condition of

    the deceased. Her evidence may, therefore, be relevant only to

    show that the deceased was found injured and was taken to the

    hospital. But her statement that “the accused persons assaulted

    Dileep Kumar” is clearly based on what she allegedly came to know

    later. It is not direct evidence. It is hearsay insofar as the actual

    assault is concerned.

    Judge Sign
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    S.C.No.173/2022
    Judgment

    21. More importantly, the alleged telephonic conversation

    between the deceased and PW.2 is not supported by any call detail

    records, mobile number particulars, phone extraction, electronic

    evidence, or any contemporaneous complaint immediately naming

    the assailants on that basis. In cross-examination, PW.2 admitted

    that she does not know from which mobile number she received the

    call. No independent material is produced to corroborate that such a

    call was made by the deceased to her just before the incident. In a

    case involving a serious charge of murder, such an uncorroborated

    assertion, that too by a close relative, has to be approached with

    caution.

    22. Further, her evidence does not specifically attribute any

    overt act to accused No.2 based on her personal knowledge. She

    states that she would identify the accused, but identification in Court

    without being an eye-witness to the occurrence does not advance

    the prosecution case. Her evidence, therefore, does not provide

    substantive proof of the participation of accused No.2 in the

    commission of the offence.

    Judge Sign
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    23. PW.3/Sathish is the husband of PW.2 and the brother-

    in-law of deceased Dileep Kumar. His evidence is also of a

    circumstantial and hearsay nature. He states that one Prathap had

    married Sheethal and that Sheethal’s father requested the deceased

    to advise Prathap because Prathap was giving trouble to Sheethal.

    He further states that deceased Dileep Kumar had informed him

    about such advice being given to Prathap. He then deposes that

    thereafter Prathap, Ravishankar and Santhosh came in search of

    Dileep Kumar at Kammanahalli Church on 01.09.2015 at about 8.30

    p.m. and took him to Seva Nagar bus stand saying that Sheethal

    and her father were waiting there. He further states that those

    persons stabbed Dileep Kumar with knife on his hand, leg and

    abdomen, but significantly adds that one White Jhony (Jonathan)

    informed all these to him.

    24. The very tenor of the evidence of PW.3 demonstrates

    that he is not an eye-witness. His version of the actual assault is

    admittedly based on what Jonathan allegedly told him. Therefore,

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    that portion of his evidence is purely hearsay and not substantive

    evidence. The prosecution cannot derive any benefit from such

    second-hand narration, especially when Jonathan himself, who is

    examined as PW.1, has denied witnessing the incident altogether.

    25. In fact, the evidence of PW.3 gets seriously undermined

    because the very source from whom he claims to have learnt the

    incident, namely Jonathan, has turned hostile and denied the

    prosecution case in material particulars. Thus, the hearsay

    statement of PW.3 stands stripped of all value. Another important

    aspect is that in his deposition dated 17.07.2025, PW.3 categorically

    stated that he could not identify accused No.2 who was present

    before the Court. This aspect goes to the root of the matter. If a

    witness who claims prior acquaintance and who speaks about

    Ravishankar being one among those who took the deceased away

    is unable to identify accused No.2 in Court, the identity and

    participation of accused No.2 becomes highly doubtful. Therefore,

    the evidence of PW.3 at best indicates an alleged motive

    Judge Sign
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    S.C.No.173/2022
    Judgment

    background, but does not legally establish conspiracy, assault, or

    presence of accused No.2 beyond reasonable doubt.

    26. PW.4/Shiva Kumar is an ASI and his evidence relates

    only to the arrest/tracing of accused persons. He has deposed that

    on 02.09.2015 he was deputed to trace the accused, that on

    receiving information from informants they went near Don Bosco

    Church, Lingarajapuram side, where some accused persons

    attempted to flee, and that three accused persons were

    apprehended and produced before the Investigating Officer. He has

    further deposed about efforts made later to trace another accused.

    27. The evidence of PW.4 does not in any way speak about

    the incident of assault. He is not a witness to the occurrence. His

    evidence is relevant only to the extent of the procedural act of

    apprehending certain accused persons. Even if his evidence is

    accepted, arrest of an accused by itself is not proof of guilt. Unless

    the arrest is connected with reliable recovery, discovery, or other

    incriminating material, it has only a limited value. Significantly, the

    Judge Sign
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    prosecution has not examined the Investigating Officer who could

    have connected the arrest, subsequent investigation, recovery, and

    overall chain of circumstances. In the absence of such evidence, the

    testimony of PW.4 remains an isolated procedural piece of evidence

    and is insufficient to establish the offences charged against accused

    No.2.

    28. PW.5/Suresh was examined as a mahazar witness in

    relation to the alleged recovery/seizure. In chief-examination, he

    identified his signature on the mahazar marked as Ex.P.2(a), but

    immediately stated that he does not know what is written in Ex.P.2,

    that the police had not called him for any mahazar, that no mahazar

    was conducted in his presence, that no articles were seized in his

    presence, that he had not given any statement to the police, and that

    he could not identify the accused.

    29. On being treated hostile, all suggestions put by the

    prosecution regarding accused No.2 producing a knife from bushes

    near R.S. Palya, 10th C Circle, Kammanahalli, and police seizing the

    Judge Sign
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    same under mahazar in his presence, were denied by him. He

    specifically denied that accused No.2 led the police and produced

    the knife used in the offence. Therefore, the alleged recovery at the

    instance of accused No.2 is not proved through independent panch

    evidence. Once the mahazar witness himself denies the seizure and

    denies the recovery, the prosecution is left without trustworthy

    evidence to prove discovery under Section 27 of the Evidence Act.

    There is also no forensic evidence placed before the Court to

    connect any recovered weapon with the injuries found on the body

    of the deceased. PW.6 doctor also states in cross-examination that

    the Investigating Officer had not asked him to give opinion regarding

    the knife. Thus, the alleged recovery remains wholly unproved and

    unusable against the accused.

    30. As already discussed while answering Point No.1, the

    evidence of PW.6 conclusively proves the homicidal death of Dileep

    Kumar. However, the legal question is whether that medical

    evidence, by itself, can be used to convict accused No.2. The

    answer must be in the negative. Medical evidence can corroborate

    Judge Sign
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    ocular or circumstantial evidence; it cannot ordinarily, by itself,

    identify the assailant. PW.6 has not stated anything connecting

    accused No.2 with the injuries. He has merely opined about the

    cause and nature of death. Though his evidence is valuable to prove

    the nature of assault and the factum of homicidal death, it does not

    advance the prosecution case on the crucial issue of identity and

    participation of accused No.2. The prosecution was therefore

    required to furnish dependable direct or circumstantial evidence

    connecting accused No.2 with the homicidal injuries. That link is

    conspicuously absent.

    31. So far as the offence of criminal conspiracy under

    Section 120B IPC is concerned, the law is well settled that

    conspiracy is generally proved either by direct evidence of

    agreement or by circumstances unmistakably showing meeting of

    minds to commit the illegal act. Mere suspicion, previous enmity, or

    presence together is not sufficient. In the case on hand, the

    prosecution has produced no independent material to establish any

    prior meeting of minds among accused No.2 and the co-accused.

    Judge Sign
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    There is no conversation proved, no conduct proved, no preparatory

    act proved, and no circumstance on record from which criminal

    conspiracy can be safely inferred. The only material placed is the

    alleged motive background that the deceased was supporting the

    wife of accused No.1 and her parents. Even that motive aspect is

    spoken to only by hearsay witnesses and not by any independent

    direct witness. There is absolutely no legal evidence showing that

    accused No.2 entered into any agreement with the co-accused to

    commit the murder of Dileep Kumar. Hence, the charge under

    Section 120B read with Section 34 IPC necessarily fails.

    32. Coming to the principal charge under Section 302 read

    with Section 34 IPC, the prosecution was required to prove not only

    homicidal death but also that accused No.2 participated in the

    assault in furtherance of common intention. In the present case, the

    prosecution has failed to examine any reliable eye-witness

    supporting the occurrence against accused No.2. PW.1 Jonathan,

    the supposed eye-witness, has completely turned hostile. PW.2 and

    PW.3 are not eye-witnesses. Their evidence regarding assault is

    Judge Sign
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    hearsay. PW.3 even failed to identify accused No.2 before Court.

    The alleged recovery of weapon at the instance of accused No.2 is

    not proved, because PW.5 mahazar witness has not supported the

    prosecution. There is no scientific or forensic link connecting

    accused No.2 with the offence weapon or the blood stains or the

    clothes. No FSL report is placed before Court to connect the alleged

    weapon or material objects with the deceased. The Investigating

    Officer, who could have explained the steps of investigation, seizure,

    recovery, and collection of material evidence, has not been

    examined.

    33. Further, the prosecution case itself suffers from

    evidentiary gaps. The incident is said to have occurred in a public

    place near Mukunda Theatre bus stop and vegetable shop, yet no

    independent local witness has been examined to support the

    prosecution. The persons cited as material witnesses appear to

    have been either dropped or given up. As noted in the record,

    CWs.1, 2, 5, 6 to 13 and 21 were dropped, while CWs.17, 19 and 20

    were given up. Non-examination of material witnesses, by itself, may

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    not always be fatal, but where the witnesses actually examined do

    not prove the prosecution case, such omission assumes significance

    and deepens the doubt.

    34. The law is equally well settled that where the evidence

    suffers from serious infirmities, hostility of the material eye-witness,

    lack of credible recovery, absence of corroborative forensic

    evidence, and failure of the prosecution to establish the chain linking

    the accused with the crime, the Court cannot convict on surmises. In

    a Sessions case involving the grave charge of murder, the standard

    is proof beyond reasonable doubt, not moral suspicion.

    35. This Court is conscious that a brutal homicidal death

    has indeed occurred. However, the criminal Court is not concerned

    merely with the fact that an offence has been committed; it is

    required to determine whether the prosecution has proved that the

    particular accused before the Court committed that offence. In the

    present case, the prosecution has failed to cross that legal threshold

    Judge Sign
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    in relation to accused No.2. Consequently, the charge under Section

    302 read with Section 34 IPC is not proved against accused No.2.

    36. The charge of criminal intimidation in the present case

    is specifically linked to the allegation that when Jonathan tried to

    rescue the deceased, the accused threatened him with knife.

    Therefore, proof of this charge depended almost entirely upon the

    testimony of Jonathan. As already discussed, PW.1 Jonathan has

    categorically denied that the accused threatened him by showing

    knife. He denied the entire occurrence of intimidation. No other

    witness claims to have personally seen such threat. Therefore, there

    is absolutely no legal evidence to sustain the charge under Section

    506 read with Section 34 IPC against accused No.2.

    37. On an overall judicial re-appreciation of the oral and

    documentary evidence, this Court finds that the prosecution has

    succeeded only in proving the homicidal death of Dileep Kumar.

    Beyond that, the prosecution has failed to prove the essential links

    required to connect accused No.2 with the offences charged. The

    Judge Sign
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    eye-witness has turned hostile. The alleged supporting witnesses

    are hearsay witnesses. One material witness failed to identify

    accused No.2. The recovery witness has not supported the

    prosecution. The medical evidence, though clear on the nature of

    death, does not identify the assailant. There is no legally acceptable

    evidence of conspiracy. There is no trustworthy evidence of common

    intention. There is no reliable proof of intimidation. There is no

    complete and cogent chain of circumstances pointing only to the

    guilt of accused No.2.

    38. Criminal law requires that if two views are possible on

    the evidence, the one favourable to the accused must be adopted.

    Benefit of doubt is not a matter of generosity; it is a rule of prudence

    flowing from the presumption of innocence. The accused cannot be

    convicted because the Court feels that he may be involved.

    Conviction can follow only when the evidence is of such quality that

    it excludes reasonable doubt. That standard is not met in the present

    case. Accordingly, this Court holds that the prosecution has failed to

    prove beyond reasonable doubt that accused No.2 committed the

    Judge Sign
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    offences punishable under Sections 120B, 302, 506 read with

    Section 34 IPC. Hence, Points No.2 to 4 are answered in the

    Negative.

    39. Point No.5: Before parting, this Court deems it

    necessary to record that the present case is one where the factum of

    homicidal death stands firmly established through unimpeachable

    medical evidence, yet the authorship of the crime, insofar as

    accused No.2 is concerned, has not been proved in the manner

    known to law. The Court cannot bridge evidentiary gaps by

    conjecture, nor can it convert suspicion arising from antecedent

    circumstances into legal proof. The prosecution, having failed to

    present reliable ocular testimony, legally admissible corroborative

    recovery evidence, and a coherent chain of incriminating

    circumstances against accused No.2, cannot seek conviction on the

    mere gravity of the allegation. Thus, the only legally sustainable

    conclusion is one of acquittal by extending the benefit of doubt to

    accused No.2. For the foregoing reasons, I proceed to pass the

    following;

    Judge Sign
    27
    S.C.No.173/2022
    Judgment

    ORDER

    Acting under Section 235(1) of the Code of
    Criminal Procedure, accused No.2 Ravishankar
    @ Ravi is hereby acquitted of the offences
    punishable under Sections 120B, 302, 506 read
    with Section 34 of IPC.

    The bail bond and surety bond of accused
    No.2 shall stand cancelled after expiry of appeal
    period.

    M.O.1 to 4 being case properties shall be
    preserved till disposal of the split up case, if any,
    against the other accused, and thereafter dealt
    with in accordance with law under Section 452
    Cr.P.C.

    \

    (Dictated to the Stenographer Gr-II on computer, revised, corrected and then
    pronounced by me in the open Court on this the 2nd Day of April 2026.)

    (SOMASHEKAR A.)
    XV CITY CIVIL AND SESSIONS JUDGE,
    (CCH-60), BENGALURU.

    C/c LXI CITY CIVIL AND SESSIONS JUDGE,
    (CCH-60), BENGALURU.

    Judge Sign
    28
    S.C.No.173/2022
    Judgment

    ANNEXURE

    List of witnesses examined on behalf of the prosecution:

    PW-1            :   Jonathan
    PW-2            :   Pramila
    PW-3            :   Sathish
    PW-4            :   Shivakumar
    PW-5            :   Dr.Imyanual Suresh
    PW-6            :   B.M.Nagaraj
    
    
    

    List of documents marked on behalf of the prosecution:

    Ex.P.1               Statement of PW1
    Ex.P.2               Seizure mahazar
    Ex.P.2(a)            Signature of P.W.2
    Ex.P.3               Statement of P.W.2
    Ex.P.4               Form no.146(i)
    Ex.P.5               Form No.146(ii)
    Ex.P.6               Pm report
    Ex.P.6(a)            Signature of PW6
    
    
    

    List of Material Objects marked on behalf of the prosecution:

    M.O.1 : Blood stained full sleeved blue shirt
    M.O.2 : Blood stained blue jeans pant
    M.O.3 : Blood stained black colour underwear
    M.O.4 : One pair of black shoes

    Judge Sign
    29
    S.C.No.173/2022
    Judgment

    List of witnesses examined and documents marked on behalf of the
    accused:

    – NIL –

    (SOMASHEKAR A.)
    XV CITY CIVIL AND SESSIONS JUDGE,
    (CCH-60), BENGALURU.
    C/c LXI CITY CIVIL AND SESSIONS JUDGE,
    (CCH-60), BENGALURU.

    Judge Sign



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