Case Note & Summary
The appellant, Naresh Shriram Uikey, was convicted by the trial court for the murder of Sumitra Tanuji Uikey under Section 302 IPC and for wrongful restraint under Section 341 IPC, and sentenced to life imprisonment. The prosecution case was that on 1.10.2019, the deceased went to Mohgaon with Lalita Anil Uikey. While returning at 5:30 pm, the accused assaulted the deceased on suspicion of practicing black magic. The deceased died on the spot. The informant, Tanuji Raoji Uikey, husband of the deceased, lodged a report. The trial court convicted the accused based on circumstantial evidence, including last seen evidence and motive. The appellant challenged the conviction before the Bombay High Court. The High Court examined the evidence and found that the last seen evidence was unreliable as the witnesses were not consistent and the time gap between last seen and death was large. The motive of suspicion of black magic was weak and not sufficient to connect the accused. The chain of circumstances was incomplete and did not exclude the possibility of innocence. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The prosecution relied on circumstantial evidence including last seen theory and motive. The court held that the chain of circumstances must be complete and consistent with the guilt of the accused, and inconsistent with innocence. The evidence of last seen was doubtful as the time gap was large and the witnesses were not reliable. The motive of suspicion of black magic was weak. The conviction was set aside. (Paras 1-40) B) Criminal Law - Wrongful Restraint - Section 341 Indian Penal Code, 1860 - The conviction under Section 341 was also set aside as the prosecution failed to prove the ingredients of wrongful restraint beyond reasonable doubt. (Paras 1-40)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code and Section 341 of the Indian Penal Code is sustainable based on circumstantial evidence.
Final Decision
The appeal is allowed. The judgment and order of conviction and sentence dated 10.12.2020 passed by the learned Additional Sessions Judge, Gadchiroli in Sessions Case No.3/2020 is quashed and set aside. The appellant is acquitted of the offences punishable under Sections 302 and 341 of the Indian Penal Code. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- motive
- last seen theory
- burden of proof
- presumption of innocence
