Case Note & Summary
The appellant, Maroti Vitthal Honrao, was convicted by the Additional Sessions Judge, Kandhar, for the murder of his three-month-old daughter under Section 302 IPC. The prosecution alleged that on 20 November 2015, the appellant sent his wife (PW1) to fetch firewood, and when she returned, she found the child groaning with a scar around her neck. The child was taken to hospital but died on 22 November 2015. The FIR was lodged by the wife. The trial court convicted the appellant based on the wife's testimony and medical evidence. On appeal, the Bombay High Court examined the evidence. The wife admitted she did not see the appellant strangulating the child. The medical evidence was inconclusive, with the doctor stating that the injuries could be from a fall. The court found material contradictions in the prosecution case and held that the prosecution failed to prove guilt beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Benefit of Doubt - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his three-month-old daughter. The prosecution case relied on circumstantial evidence, primarily the testimony of the wife (PW1) and medical evidence. The court found material inconsistencies in the prosecution case, including the wife's testimony that she did not see the accused strangulating the child, and the medical evidence which did not conclusively prove strangulation. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and the appellant was entitled to benefit of doubt. (Paras 1-20) B) Evidence Law - Child Witness - Testimony of Wife - Section 118 Indian Evidence Act, 1872 - The wife (PW1) was the sole eyewitness, but her testimony was inconsistent and she admitted that she did not see the accused strangulating the child. The court held that her testimony was not reliable and could not form the basis of conviction. (Paras 10-15) C) Medical Evidence - Cause of Death - Strangulation - The postmortem report (Exhibit-30) and the testimony of the doctor (PW7) indicated that the cause of death was asphyxia due to strangulation, but the doctor admitted that the injuries could also be caused by a fall. The court held that the medical evidence was not conclusive and did not rule out the possibility of accidental death. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his three-month-old daughter is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. Bail bonds cancelled.
Law Points
- Circumstantial evidence
- burden of proof
- benefit of doubt
- Section 302 IPC
- Section 313 CrPC
- medical evidence
- dying declaration
- child witness
