'Testimony of murdered person’s relatives cannot be ignored': Karnataka High Court

By Vinaykumar Patil | First Published Oct 15, 2024, 12:49 PM IST

The Karnataka High Court upheld the life sentences of Kamanna and Somalinga for the murder of Amasidda Barakade, emphasizing that eyewitness testimony from close relatives cannot be dismissed if credible. The court affirmed the trial court's conviction, citing strong evidence and family testimonies.

Karnataka High Court upheld the life sentences of two men convicted for the murder of Amasidda Barakade, affirming that the testimony of eyewitnesses who are close relatives of the victim cannot be dismissed simply due to their relationship. The court emphasized that if their accounts are reasonable, credible, and reliable, they should be taken into consideration.

Justice S. dismissed the criminal appeal filed by Kamanna (42) and Somalinga (36), who sought to overturn the life sentences handed down by the trial court. The decision was made by a division bench consisting of Sunil Dutt Yadav and Justice Ramachandra D. Huddar.

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The eyewitnesses in this case were Shankarappa, the father of the deceased, and his brother. They had constructed a farmhouse on the same property where the murder took place. On the evening of September 19, 2013, Kamanna and Somalinga allegedly entered the farm and fatally attacked Amasidda Barakade. The police recovered the knife used in the murder from the scene.

The court highlighted that there was no missing link in the incident, and the prosecution successfully established the presence of the accused at the crime scene. Shankarappa and his son were recognized as eyewitnesses, despite being related to the deceased. A relevant Supreme Court ruling indicated that the testimony of a family member should not be disregarded simply because of their relation to the victim.

In terms of case details, it was revealed that Mallappa Barakade purchased five acres of land in Kannur village from Kamanna's relative, Rudrappa. After Mallappa refused to return the land at Kamanna's request, Amasidda supported him. This led to Kamanna and Somalinga's anger, culminating in the murder of Amasidda.

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Following Shankarappa's complaint, the Vijayapur Rural Police investigated and filed a charge sheet for murder. The Vijayapur 5th Additional Sessions Court later sentenced four individuals, including Kamanna and Somalinga, to life imprisonment on March 28, 2017, along with a hefty fine.

The defence counsel argued that the complainant and his son, as eyewitnesses, were biased. They claimed that the testimonies did not definitively prove that Kamanna and Somalinga were at the scene of the crime. However, the High Court maintained that the trial court's conviction was justified based on the testimonies provided by the deceased's family.

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