Karnataka High Court
Criminal LawCriminal Procedure and Evidence

Acquittal stands where circumstantial evidence fails to complete the chain of guilt.

STATE OF KARNATAKA BY vs NISSAR @ MOHAMMED NISSAR

Karnataka High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Acquittal stands where circumstantial evidence fails to complete the chain of guilt.. STATE OF KARNATAKA BY vs NISSAR @ MOHAMMED NISSAR. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The State appealed the acquittal of nine accused by the IV Additional District and Sessions Judge, Dakshina Kannada, in a prosecution for offences under Sections 120B, 143, 144, 147, 148 and 302 read with Section 149 of the IPC

Source reference: paras. 2, 9

The prosecution alleged that the deceased, Hidayath, was murdered following tensions arising from his former marriage to accused No. 9 and his continued visits to see their child

Source reference: para. 3

The case rested on circumstantial evidence, including alleged motive, conspiracy, last-seen evidence, recoveries and blood-group evidence; there was no direct evidence connecting the accused to the murder

Source reference: paras. 19–20, 25–27

The State contended that the trial court had improperly assessed that evidence, while the respondents defended the acquittal

Source reference: paras. 10–16
02

Issues

1. Whether the prosecution proved a complete chain of circumstances establishing the guilt of the accused beyond reasonable doubt

Source reference: paras. 19, 28–29

2. Whether the trial court’s acquittal was perverse or otherwise unsustainable so as to warrant interference in the State’s appeal

Source reference: paras. 30–31
03

Law Applied

In a case resting on circumstantial evidence, each incriminating circumstance must be independently proved, and the circumstances cumulatively must form a complete chain consistent only with the accused’s guilt and inconsistent with their innocence

Source reference: paras. 19, 29; Abdul Nassar v. State of Kerala, 2025 SCC OnLine SC 111

A last-seen circumstance, motive or recovery cannot, without sufficient connecting evidence, independently establish guilt

Source reference: paras. 20, 22, 27

A discovery under Section 27 of the Indian Evidence Act, 1872, must be proved in accordance with law, including proof of the information distinctly relating to the fact discovered

Source reference: paras. 25–26; Subramanya v. State of Karnataka, (2023) 11 SCC 255

In an appeal against acquittal, the appellate court may independently examine the evidence, but should not interfere where the trial court’s view is reasonably possible; interference is warranted where that view is perverse, impossible or wholly unsustainable

Source reference: paras. 30–31; Sanjay Kumar v. State of Himachal Pradesh, 2026 SCC OnLine SC 1762
04

Reasoning

The Court found that the alleged motive provided background but did not identify the perpetrators, and that the conspiracy and last-seen evidence did not bridge the gap between the deceased being seen with the accused and their responsibility for his death

Source reference: paras. 20–22, 28

The absence of a test identification parade was relevant to assessing the identification evidence, while the alleged recoveries and blood-group correspondence did not sufficiently establish a nexus between the accused, the seized articles and the murder

Source reference: paras. 23–27

Taken together, the circumstances did not complete the chain required to prove guilt beyond reasonable doubt

Source reference: paras. 28–29

The trial court’s acquittal was therefore a reasonably possible view, not one shown to be perverse or unsustainable

Source reference: para. 31
05

Holding

The Court answered both issues against the State: the prosecution had not proved an unbroken chain of circumstances connecting the accused to the murder, and no basis for appellate interference with the acquittal was established

The appeal was dismissed, and the trial court’s judgment acquitting accused Nos. 1–9 was affirmed; the Registry was directed to transmit the records to the Sessions Court

Source reference: para. 32
06

Acts & Sections Cited

8 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19732

Karnataka High Court

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STATE OF KARNATAKA BYvsNISSAR @ MOHAMMED NISSAR

Karnataka High Court · October 13, 2026

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