VidhiSangh

Supreme Court of India · 17/04/2023

SIJU KURIAN versus STATE OF KARNATAKA

[2023] 4 S.C.R. 397 · 2023 INSC 378

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Summary

A farm labourer was accused of killing his employer with an iron rod, burying the body in a compost pit, selling the farm equipment and trying to sell the land by posing as the owner's son. The Sessions Court acquitted him but the High Court convicted him under Sections 302, 201, 404 and 419 IPC. The Supreme Court dismissed his appeal: an appellate court may reverse a perverse acquittal; the death was homicidal; witnesses proved he was last seen with the deceased and lived in his house afterwards, casting a burden under Section 106 of the Evidence Act that his bare denial did not discharge; his disclosure statement recorded through an interpreter was admissible under Section 27 to the extent it led to discovery of the body and sold articles, and pointing out the pit was relevant conduct under Section 8; and his false explanations about the owner's whereabouts completed the chain.

Issues

  1. Whether the High Court was justified in reversing the trial court's acquittal on re-appreciation of circumstantial evidence.
  2. Whether a disclosure statement elicited through an interpreter who could speak but not read or write the accused's language, and recorded in another language, is admissible under Section 27 of the Evidence Act.
  3. Whether the chain of circumstances, including last-seen evidence, recovery of the body and stolen articles, and the accused's false explanations, established guilt beyond reasonable doubt.

Provisions considered

Held

Result

Appeal dismissed; High Court judgment dated 20.03.2020 reversing the acquittal and convicting the appellant under Sections 302, 201, 404 and 419 IPC with life imprisonment confirmed.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 397.