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august 2004

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.

State Of Karnataka vs Bhaskar Kushali Kotharkar And Ors · Niyam