SC acquits 4 in 1990 murder case, says prosecution failed to establish place of incident
New Delhi (PTI): The Supreme Court on Friday acquitted four persons, who were earlier convicted in a 35-year-old murder case over alleged political rivalry, saying the testimony of two "so-called eyewitnesses" was full of contradictions and inherent improbabilities.
A bench of justices Sanjay Karol and Sandeep Mehta exercised its plenary power under Article 142 of the Constitution to acquit three accused who had not challenged their conviction before the apex court.
The top court delivered its verdict on an appeal filed by one of the accused challenging a April 2009 order of the Madhya Pradesh High Court which upheld the conviction and life sentence awarded to the four.
"In the present case, the prosecution has failed to establish the genesis of the occurrence and the place of incident with any degree of certainty," the bench said.
It said the FIR speaks of demolition of a hut by the accused persons near the residence of one of the prosecution witnesses.
The bench said another prosecution witness shifted the crime scene to nearby his own house and denied any demolition.
It noted that one of the other prosecution witnesses claimed that the assault occurred in a field.
"They (two prosecution witnesses) do not acknowledge each other's presence at the crime scene. Such conflicting versions cannot co-exist within a credible narrative," the bench said.
It said the suppression of the genesis of occurrence and the shifting of the place of incident demolish the very substratum of the prosecution case.
"In this background, we are of the firm opinion that it would not be safe to uphold the conviction of the accused-appellant (Kannaiya) and the three co-accused namely Govardhan, Raja Ram and Bhima, as the testimony of the so-called eyewitnesses... is full of contradictions and inherent improbabilities," the top court said.
It said since the entire case of the prosecution has fallen, all the four convicts were entitled to be extended the benefit of doubt.
"Hence, we are inclined to extend the benefit of this judgment, in exercise of our powers under Article 142 of the Constitution of India, 1950, to the three co-accused namely, Govardhan, Raja Ram, and Bhima, who have not challenged their conviction before this court," the bench said.
It set aside the judgements of the high court as well as the trial court which convicted the four.
The bench said the four accused be released from custody forthwith, if not wanted in any other case.
A trial court in Indore had in October 1999 convicted them while acquitting six other accused in the case.
The bench noted that an FIR was registered in September 1990 alleging that 10 persons were damaging a temporary hutment and when the son of the informant tried to pacify them, he was assaulted.
It was said that the victim died while undergoing treatment at a hospital in Indore.
It was alleged that the assailants were having a political rivalry with the complainant party and that was the cause of the assault.
During the trial, the accused persons had denied the allegations and claimed innocence.
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Minister Patil chairs industry meetings to chart growth for key sectors in Karnataka
Bengaluru (PTI): Karnataka Minister M B Patil on Tuesday chaired meetings with industry representatives from the aerospace and defence, machine tools, auto/EV, and green energy sectors to discuss sector growth and government support measures.
The meetings were attended by leading industrialists and their representatives, with some participating virtually.
Speaking on the occasion, the minister for Large and Medium Industries said Karnataka is at the forefront of the country’s aerospace and defence sectors.
He noted that Suzuki and Toyota plan to launch aerial taxi services in Japan by 2028, with Bengaluru-based Sasmos supplying electrical equipment for the project.
Industrialists suggested introducing similar “fly-taxi” services in Karnataka through an appropriate policy, which Patil said would be examined seriously.
The minister highlighted the need to establish testing centres and Common Facility Centres for the aerospace and defence industries and assured that these facilities would be provided.
Suggestions were also made to prepare a comprehensive roadmap for sector growth.
Karnataka has urged the Central Government to approve Defence Corridor projects in the Bengaluru North–Kolar–Chikkaballapur and Dharawada–Vijayapura–Belagavi regions.
Industrialists also suggested a corridor between Bengaluru and Mysuru, Patil said.
He said Karnataka aims to become a hub for defence electronics manufacturing, with plans to establish a 200-acre Defence Electronics Park and a 100-acre Avionics and Sensor Park.
These projects will be implemented once the Special Investment Region is operational, and land availability will not be an issue.
On the machine tools sector, Patil said the industry has recorded an annual turnover of Rs 36,500 crore and is witnessing steady growth.
Large-scale exhibitions have increased demand, and the state must strengthen its capabilities to develop control systems for heavy machinery. One testing unit is already operational in Bengaluru, with another planned for Tumakuru. Expansion of vocational training institutes in industrial areas is also underway.
In the Auto and EV sector, Vision Group members highlighted the need for a network of dry ports and more EV charging stations across the state.
Patil noted that the Tata Group is manufacturing EV buses in Dharawada for nationwide supply. Plans for mini excavator production and export facilitation were also discussed, along with the establishment of a testing facility for two-wheeler EVs.
For the Green Energy sector, the group emphasised the need for a suitable policy on battery-based energy storage and the establishment of data centres.
Patil assured that the government will seriously consider all suggestions and respond positively.
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