Case Note & Summary
The appellant, Chandu @ Chandrashekhar Prabhakar Sarode, was convicted under Section 302 IPC for the murder of his wife Rupali and sentenced to life imprisonment by the Additional Sessions Judge, Wardha. The prosecution case was based on circumstantial evidence: the complainant, a Gram Panchayat member, received a phone call that the accused had killed his wife, went to the spot, saw the deceased in a pool of blood with an axe nearby, and lodged a report. The accused was found unconscious in a field and hospitalized. The trial court convicted him. On appeal, the High Court examined the evidence and found that the prosecution failed to establish a complete chain of circumstances. The motive was not proved, the last seen theory was not established, and the recovery of the axe was not linked to the accused. The court held that the circumstantial evidence was insufficient to exclude the hypothesis of innocence. The appeal was allowed, the conviction set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appeal challenged conviction for murder of wife based on circumstantial evidence. The court held that the chain of circumstances must be complete and must exclude every hypothesis of innocence. The prosecution failed to prove motive, last seen, or recovery of weapon beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. (Paras 1-20) B) Evidence Act - Circumstantial Evidence - Standard of Proof - The court reiterated that in cases based on circumstantial evidence, the circumstances must be fully established and must point only to the guilt of the accused. The prosecution's evidence was found to be unreliable and insufficient to sustain the conviction. (Paras 15-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- presumption of innocence
- benefit of doubt
- Section 302 IPC
