Case Note & Summary
The appellant, Nivrutti Kishan Hire, was convicted by the Additional Sessions Judge, Vaijapur on 22-07-2016 in Sessions Case No.64 of 2014 for the murder of his wife under Section 302 IPC and sentenced to life imprisonment. The case arose from an incident on the intervening night of 24-03-2014 and 25-03-2014, when the appellant and his deceased wife went to their field after a quarrel. The prosecution alleged that the appellant hit his wife with a cement stone on her head, causing her death on the spot. The appellant allegedly confessed to PW1 Ramdas, the Police Patil, around 4:00 a.m., who then lodged a report at the police station. The appellant was arrested the same day. The trial court relied on the extrajudicial confession, motive, and last seen evidence to convict. On appeal, the Bombay High Court examined the evidence. The court found the extrajudicial confession unreliable because there was no reason for the appellant to confess to a Police Patil, and there was a delay in reporting to the police. The court also noted that the appellant was not arrested immediately, raising doubts about the genuineness of the confession. The circumstantial evidence, including motive and last seen, did not form a complete chain excluding all possibilities of innocence. The court held that the prosecution failed to prove guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed his release unless required in another case.
Headnote
A) Criminal Law - Murder - Extrajudicial Confession - Credibility - The court examined the reliability of extrajudicial confession made to PW1 Police Patil, finding it unnatural and lacking corroboration - Held that extrajudicial confession must be voluntary, truthful, and corroborated; in this case, the delay in reporting and inconsistencies rendered it unreliable (Paras 10-15). B) Criminal Law - Circumstantial Evidence - Proof Beyond Reasonable Doubt - The prosecution relied on motive and last seen theory, but failed to establish a complete chain of circumstances - Held that circumstantial evidence must exclude every hypothesis of innocence; the gaps in evidence entitled the appellant to benefit of doubt (Paras 16-20). C) Criminal Law - Conviction - Sustainability - The trial court's judgment was based on weak evidence and assumptions - Held that the High Court, being the first appellate court, must re-appreciate evidence; the conviction was set aside and appellant acquitted (Paras 21-22).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on extrajudicial confession and circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty unless required in another case.
Law Points
- Extrajudicial confession
- credibility of witnesses
- circumstantial evidence
- benefit of doubt
- Section 302 IPC
