In Brief
Mallappa was convicted by the High Court of murdering his brother Earappa with a club, reversing the Trial Court's acquittal. The Supreme Court set aside the conviction and reinstated the acquittal. The Court found that the prosecution's case relied on a club recovered from the appellant's house, but without expert evidence matching it to an alleged broken piece from the crime scene, mere recovery of a common household implement was insufficient. The eyewitness (the widow) gave contradictory accounts—claiming in examination-in-chief to have seen the assault, but stating in cross-examination that injuries had already been caused when she awoke. Evidence that the accused was seen running away, without more, was too thin for murder conviction. The Appeal is allowed.
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