Karnataka HC Acquits Husband In 1983 Wife-Stabbing Case, Citing Uncorroborated Testimony And Missing Medical Evidence

The prosecution alleged that on 16 March 1983 the appellant stabbed his wife, Lakshmidevamma, in the abdomen with a knife, intending to kill her.

The appellant was granted statutory bail after the charge-sheet was not filed within the prescribed period.

Following his failure to appear, the case remained pending for many years; he was produced before the court in 2014, tried, and convicted under Section 307 IPC.

The trial court sentenced him to ten years’ imprisonment and a fine of ₹30,000.

He appealed, challenging the sufficiency and legality of the evidence, including the absence of medical evidence and the non-examination of the investigating officer.

The prosecution bears the burden of proving the accused’s guilt beyond reasonable doubt.

Section 307 IPC concerns an attempt to murder.

The court also considered the procedural requirements under Sections 82, 83 and 299 CrPC in relation to the proceedings conducted while the accused was absent and the recording of evidence under Section 299.

The judgment states that a statement recorded under Section 299 without the required signatures of the witness and Magistrate lacked legal sanctity in the circumstances of this case.

The High Court found that the complainant and mahazar witnesses did not support the prosecution, leaving the injured witness’s oral testimony without supporting evidence.

The prosecution had not produced the wound certificate, examined the treating doctor or investigating officer, or seized the alleged knife.

The court also identified defects in the Section 299 proceedings: only one witness had been examined, and the Magistrate had not signed the statement or obtained the witness’s signature.

It therefore treated that statement as lacking legal sanctity and concluded that the remaining evidence did not prove guilt beyond reasonable doubt.

It set aside the conviction and sentence, acquitted the appellant of the offence under Section 307 IPC, cancelled the bail bond and surety, and directed the trial court to refund any fine deposited.