Case Note & Summary
The appellants, Barku Baburao Kolape and Ranjana Vijay Sardar, were convicted by the learned Additional Sessions Judge, Dhule in Sessions Case No. 27 of 2016 for the murder of an unknown male under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The prosecution case was that on 05.01.2016, informant Rohidas (PW1) found a dead body on the Nagpur-Surat highway. Investigation revealed that the deceased was troubling accused no.2-Ranjana over money, and she along with accused no.1-Barku took the deceased, made him consume liquor, assaulted him, and caused his death. The trial court accepted the prosecution case as proved beyond reasonable doubt. Aggrieved, the appellants appealed under Section 374 Cr.P.C. The appellants' counsel argued that the case was based on circumstantial evidence and none of the circumstances were firmly proved. The High Court, after hearing submissions, found that the prosecution failed to establish the chain of circumstances, including last seen, motive, and recovery of weapon. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 read with Section 34 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - Prosecution failed to prove last seen, motive, and recovery of weapon - Held that conviction cannot be sustained when circumstances are not firmly established (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC based on circumstantial evidence is sustainable when the chain of circumstances is incomplete.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- last seen theory
- motive
- recovery of weapon
- section 302 IPC
- section 34 IPC
- section 374 CrPC
Case Details
2023 LawText (BOM) (10) 29
Criminal Appeal No. 126 of 2017
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Deepak D. Chaudhari for Appellants, Mrs. V. S. Choudhari APP for Respondent
Barku Baburao Kolape and Ranjana Vijay Sardar
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 read with Section 34 IPC.
Remedy Sought
Appellants sought acquittal by setting aside the conviction and sentence of life imprisonment.
Filing Reason
Appellants were convicted by the trial court for murder based on circumstantial evidence, which they challenged as insufficient.
Previous Decisions
Trial court convicted appellants on 27.01.2017 in Sessions Case No. 27 of 2016.
Issues
Whether the circumstantial evidence adduced by the prosecution is sufficient to sustain the conviction under Section 302 read with Section 34 IPC.
Submissions/Arguments
Appellants' counsel argued that prosecution failed to establish the chain of circumstances, including last seen, motive, and recovery of weapon.
Prosecution submitted that the evidence proved the guilt beyond reasonable doubt.
Ratio Decidendi
In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused. Failure to prove essential circumstances like last seen, motive, and recovery of weapon renders the conviction unsustainable.
Judgment Excerpts
Instant appeal arises out of judgment and order of conviction passed by learned Additional Sessions Judge, Dhule in Sessions Case No. 27 of 2016, holding appellants Barku and Ranjana guilty of committing offence punishable under section 302 read with section 34 of Indian Penal Code (IPC).
Learned counsel for appellants would submit that prosecution has miserably failed to establish the case beyond reasonable doubt.
Procedural History
FIR registered on 05.01.2016 for murder of unknown person. Investigation led to charge-sheet against appellants. Trial in Sessions Case No. 27 of 2016 resulted in conviction on 27.01.2017. Appeal filed under Section 374 Cr.P.C. on 03.10.2023.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34
- Code of Criminal Procedure, 1973 (CrPC): 374
