Case Note & Summary
The case pertains to the murder of Gopinath Tukaram Sable, whose dead body was found near a field with injuries. The appellant, father of the deceased, and the State of Maharashtra appealed against the acquittal of the respondent-accused Madhav Shivaji Rajegore by the Sessions Judge, Parbhani, in Session Case No. 8 of 2017. The prosecution case was based on circumstantial evidence, primarily the last seen theory and motive. The deceased was last seen with the accused on a motorcycle, and the accused allegedly had a motive due to a prior altercation. However, the trial court found the evidence insufficient and acquitted the accused. The High Court, after hearing arguments, held that the prosecution failed to prove the chain of circumstances conclusively. The witnesses turned hostile, and the last seen theory was not corroborated by reliable evidence. The court noted that the trial court's view was plausible and not perverse, and therefore, no interference was warranted. The appeal and leave to appeal were dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Acquittal - Appeal against acquittal - Father of deceased and State challenged acquittal of accused for murder under Section 302 IPC - Prosecution relied on last seen theory and motive but failed to prove beyond reasonable doubt - Held that when two views are possible, the view favoring acquittal should be preferred, and interference is warranted only if the judgment is perverse or based on no evidence (Paras 1-20).
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Court is perverse and warrants interference by the High Court.
Final Decision
Both the Criminal Appeal No. 29 of 2022 and Application for Leave to Appeal by State No. 101 of 2021 are dismissed. The judgment of acquittal dated 04.10.2021 passed by Sessions Judge, Parbhani in Session Case No. 8 of 2017 is upheld.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- acquittal appeal
- interference with acquittal
Case Details
2023 LawText (BOM) (07) 21
Criminal Appeal No. 29 of 2022 with Application for Leave to Appeal by State No. 101 of 2021
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Gajanan G. Kadam for Appellant, Mrs. V. S. Choudhari APP for Respondent State
Tukaram s/o Yadvaji Sable
The State of Maharashtra and Madhav s/o Shivaji Rajegore
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Nature of Litigation
Appeal against acquittal in murder case
Remedy Sought
Appellant (father of deceased) and State sought reversal of acquittal and conviction of accused under Section 302 IPC
Filing Reason
Dissatisfaction with judgment of acquittal dated 04.10.2021 passed by Sessions Judge, Parbhani in Session Case No. 8 of 2017
Previous Decisions
Sessions Judge, Parbhani acquitted the accused on 04.10.2021
Issues
Whether the judgment of acquittal is perverse and warrants interference?
Whether the prosecution proved the chain of circumstances beyond reasonable doubt?
Submissions/Arguments
Appellant argued that the trial court erred in acquitting the accused despite sufficient circumstantial evidence including last seen theory and motive.
State supported the appeal and sought leave to appeal.
Respondent/accused argued that the prosecution failed to prove its case beyond reasonable doubt and the trial court's view was plausible.
Ratio Decidendi
In an appeal against acquittal, the High Court should not interfere unless the judgment is perverse or based on no evidence. When two views are possible, the view favoring acquittal should be preferred. The prosecution failed to prove the chain of circumstances conclusively, and the trial court's view was plausible.
Judgment Excerpts
Father of deceased has preferred instant appeal, getting dissatisfied by the judgment and order of acquittal dated 04.10.2021 passed by Sessions Judge, Parbhani in Session Case No. 8 of 2017.
We have heard it at the stage of admission.
Procedural History
Crime No. 210 of 2016 was registered for murder under Section 302 IPC. After investigation, charge-sheet was filed. Sessions Case No. 8 of 2017 was tried by Sessions Judge, Parbhani, who acquitted the accused on 04.10.2021. Aggrieved, the father of deceased filed Criminal Appeal No. 29 of 2022 and the State filed Application for Leave to Appeal No. 101 of 2021 before the Bombay High Court, which were heard and dismissed on 14.07.2023.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
