Case Note & Summary
The Supreme Court allowed the appeal against the conviction of the appellant under Section 302 IPC for the murder of his stepmother, Hemwati Bai. The prosecution case was that the appellant, due to a land dispute, assaulted the deceased, dragged her by her hair to a village pond, and drowned her. The trial court and High Court convicted the appellant based on an extra-judicial confession allegedly made to PW-1 (village Kotwal) and the testimony of PW-5 (deceased's brother) who claimed to have seen the appellant dragging the deceased. The Supreme Court examined the evidence and found several fatal flaws. The postmortem report and doctor (PW-9) stated the cause of death as drowning but could not determine whether it was homicidal or accidental; no injuries were found on the body, contradicting the dragging theory. The extra-judicial confession was weak: PW-1 was declared hostile, and her statement was not properly confronted under Section 145 of the Evidence Act. The Court held that extra-judicial confession is weak evidence requiring corroboration, which was absent. The last seen evidence of PW-5 was also unreliable given the lack of injuries and failure to examine other witnesses. The Court concluded that the prosecution failed to prove the appellant's guilt beyond reasonable doubt, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Homicidal Death - Prosecution failed to prove homicidal death as postmortem report showed no injuries and doctor could not opine whether drowning was homicidal or accidental - Held that conviction cannot be sustained without proof of homicidal death (Paras 5-7). B) Evidence Law - Extra-Judicial Confession - Weak Evidence - Extra-judicial confession requires corroboration by other cogent circumstances - In this case, the confession was not properly confronted under Section 145 Evidence Act and lacked corroboration - Held that such confession cannot be sole basis for conviction (Paras 8-9). C) Evidence Law - Hostile Witness - Part of Testimony - A hostile witness's testimony can be relied upon only if consistent and corroborated - Here, PW-1's testimony was inconsistent and not properly confronted - Held that reliance on such testimony was erroneous (Para 8). D) Criminal Law - Last Seen Evidence - Absence of Injuries - The prosecution's case of dragging deceased by hair was contradicted by absence of any injury on the body - Held that last seen evidence alone, without corroboration, is insufficient to prove guilt (Paras 5-6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder of his stepmother is sustainable based on extra-judicial confession and last seen evidence, given the absence of injuries and inconclusive postmortem report.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the charge under Section 302 IPC.
Law Points
- Extra-judicial confession is weak evidence requiring corroboration
- Hostile witness testimony can be relied upon only if consistent and properly confronted
- Absence of injuries contradicts dragging theory
- Drowning alone does not prove homicide without expert opinion
