Supreme Court of India · 2004-08-19
State Of Karnataka vs Bhaskar Kushali Kotharkar And Ors
- Citation / case number
- AIR 2004 SUPREME COURT 4333
- Court
- Supreme Court of India
- Petitioner
- State Of Karnataka
- Respondent
- Bhaskar Kushali Kotharkar And Ors
- Bench
- K.G. Balakrishnan, Ar. Lakshmanan
Judgment text excerpt
The Supreme Court held that the acquittal of respondents under Section 304 Part II IPC and related sections was not sustainable due to the High Court's reliance on the non-examination of the investigating officer and constable, which did not cause prejudice to the accused. The Court emphasized that while the examination of the investigating officer is crucial for a fair trial, the absence of such witnesses did not undermine the credibility of the eyewitnesses. The Court reversed the High Court's decision, reinstating the conviction of the respondents based on the evidence presented.