Case Note & Summary
The appellants, Ram Baban Shinde and Satish alias Khandya Kashinath Bhalekar, were convicted by the Additional Sessions Judge, Vaijapur in Sessions Case No.57 of 2014 for offences under Sections 302 read with 120B, 201 read with 120B, and 120B of the Indian Penal Code, 1860. The prosecution alleged that the deceased Ramesh had lent Rs.1,50,000 to appellant Ram, and when he demanded repayment, Ram conspired with Satish to murder him. They allegedly assaulted the deceased with an iron rod and threw his body off a bridge. The trial court relied on an extra-judicial confession made by Ram to the police and circumstantial evidence. On appeal, the Bombay High Court held that the extra-judicial confession was not voluntary and reliable as it was made to a police officer and not corroborated. The court also found that the chain of circumstances was incomplete and did not conclusively point to the guilt of the appellants. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 201, 120B Indian Penal Code, 1860 - Appeal against conviction - Prosecution case based on extra-judicial confession and circumstantial evidence - Held that extra-judicial confession was not voluntary and reliable, and the chain of circumstances was incomplete - Conviction set aside and appellants acquitted (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 201, and 120B of the Indian Penal Code, 1860 based on circumstantial evidence and extra-judicial confession is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges.
Law Points
- Circumstantial evidence
- Extra-judicial confession
- Chain of circumstances
- Benefit of doubt
- Acquittal
Case Details
2023 LawText (BOM) (09) 24
Criminal Appeal No.88 of 2017
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Nilesh S. Ghanekar for Appellants, Mr. S.J. Salgare for Respondent
Ram s/o. Baban Shinde and Satish alias Khandya s/o Kashinath Bhalekar
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Nature of Litigation
Criminal appeal against conviction for murder and related offences.
Remedy Sought
Appellants sought acquittal by setting aside the trial court's conviction and sentence.
Filing Reason
Appellants were convicted by the Additional Sessions Judge, Vaijapur for murder and conspiracy, and they appealed against the judgment.
Previous Decisions
Trial court convicted appellants under Sections 302 r/w 120B, 201 r/w 120B, and 120B IPC and sentenced them to life imprisonment.
Issues
Whether the extra-judicial confession was voluntary and reliable.
Whether the chain of circumstantial evidence was complete and conclusive.
Submissions/Arguments
Appellants argued that prosecution failed to establish charges due to lack of direct evidence and incriminating circumstances.
Prosecution relied on extra-judicial confession and circumstantial evidence to prove guilt.
Ratio Decidendi
Extra-judicial confession made to a police officer is not admissible and unreliable. Circumstantial evidence must form a complete chain pointing to guilt; failure to do so entitles accused to benefit of doubt.
Judgment Excerpts
Appellants – Ram Baban Shinde and Satish alias Khandya Kashinath Bhalekar, who are convicted by the learned Additional Sessions Judge, Vaijapur in Sessions Case No.57 of 2014 are hereby taking exception to the Judgment and order passed on 20-01-2017 holding both of them guilty for offence under Sections 302 r/w 120B, 201 r/w 120B and individually 120B of the Indian Penal Code (IPC).
Procedural History
Trial court convicted appellants on 20-01-2017. Appellants filed Criminal Appeal No.88 of 2017 before the Bombay High Court, which was heard and decided on 08-09-2023.
Acts & Sections
- Indian Penal Code, 1860: 302, 201, 120B
