Haalesh @ Haleshi @ Kurubara Haleshi vs. State of Karnataka
Background
The case concerns a violent incident in which Haalesh @ Haleshi @ Kurubara Haleshi and several co-accused (A-1 to A-9) were charged with the murder of Shivanna and grievous assault on his family. The prosecution alleged that the accused formed an unlawful assembly, armed with deadly weapons, and attacked Shivanna’s family with the common intention of eliminating them.
Trial and Conviction
The Trial Court convicted all the accused under Sections 302 (murder) and 149 (unlawful assembly) of the Indian Penal Code (IPC), sentencing them to life imprisonment and imposing fines. The High Court upheld the convictions, leading to an appeal before the Supreme Court.
Key Issues
Whether the evidence established the common object of the unlawful assembly to commit murder.
The significance of individual overt acts versus participation in the unlawful assembly.
The reliability of medical evidence in relation to the prosecution’s case.
Supreme Court’s Analysis
The Supreme Court emphasized that participation in an unlawful assembly with a common intent to kill, even if only some members commit overt acts, is sufficient for conviction under Section 302 read with Section 149 IPC.
The Court noted that the accused, armed with choppers, gathered at Shivanna’s house. A-8 and A-9 stood at the door, instigating others to kill. This collective action demonstrated a shared intention to commit the crime.
The defense argued that medical evidence conflicted with the prosecution’s version, particularly regarding the weapons used. However, the postmortem doctor clarified that all wounds could have been caused by similar weapons, negating this challenge.
The Court reiterated that direct eyewitness testimony carries more weight than speculative medical opinions, especially when the latter is not conclusive.
The Supreme Court also highlighted that appellate courts are generally reluctant to interfere with concurrent findings of fact by the lower courts unless such findings are perverse or unsupported by evidence.
Judgment
The Supreme Court dismissed the appeals, affirming the convictions and sentences of the accused. The Court held that the evidence clearly established the unlawful assembly’s common object to kill Shivanna and grievously injure his family, justifying their conviction under Sections 302/149 IPC.
Significance
This judgment reinforces the principle that active participation in an unlawful assembly with a shared criminal objective can result in conviction for murder, even if not all members commit direct acts of violence. It also clarifies the approach to evaluating medical evidence vis-à-vis direct eyewitness accounts.
Citation:
Haalesh @ Haleshi @ Kurubara Haleshi v. State of Karnataka, Supreme Court of India, decided on February 2, 2024.
RELATED Blog
0 comments