Case Note & Summary
The appellant, Jaikisan s/o Kashinath Dhamdhere, was convicted by the Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 for offences punishable under Sections 302 and 307 of the Indian Penal Code (IPC) and sentenced to life imprisonment and rigorous imprisonment respectively. The case of the prosecution was that the deceased Janki @ Sarita, wife of PW9 Pankaj, had illicit relations with the accused. On 04.09.2014, the accused allegedly assaulted her with a knife, leading to her death. The prosecution relied on the dying declaration of the deceased and circumstantial evidence. The appellant challenged the conviction before the Bombay High Court under Section 374 of the Code of Criminal Procedure, 1973. The High Court examined the evidence and found that the dying declaration was not reliable due to inconsistencies and lack of corroboration. The circumstantial evidence did not form a complete chain pointing to the guilt of the accused. The court held that the prosecution failed to prove the case beyond reasonable doubt and therefore, the appellant was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside. The appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Dying Declaration - Credibility - The dying declaration of the deceased was found unreliable due to inconsistencies and lack of corroboration - The court held that the prosecution failed to prove the case beyond reasonable doubt - Conviction set aside (Paras 1-38). B) Criminal Law - Circumstantial Evidence - Chain of Circumstances - The prosecution relied on circumstantial evidence which did not form a complete chain pointing to the guilt of the accused - The court held that the benefit of doubt must be given to the appellant (Paras 1-38). C) Criminal Procedure - Appeal - Section 374 CrPC - The appellant challenged the conviction under Section 374 of the Code of Criminal Procedure, 1973 - The court allowed the appeal and acquitted the appellant (Paras 1-38).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, based on dying declaration and circumstantial evidence, is sustainable in law.
Final Decision
The appeal is allowed. The conviction and sentence recorded by the Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 are set aside. The appellant is acquitted of all charges and ordered to be released forthwith unless required in any other case.
Law Points
- Circumstantial evidence
- Dying declaration
- Credibility of witnesses
- Benefit of doubt
- Section 302 IPC
- Section 307 IPC
- Section 374 CrPC
