Case Note & Summary
The appellant, Kalekha Lalkha Pathan, was convicted by the Additional Sessions Judge, Bhokar, District-Nanded on 9th October 2018 for offences under Sections 302, 201, and 404 of the Indian Penal Code (IPC) for the murder of Sheshabai Kurade. The prosecution case was that Sheshabai was last seen alive with the appellant on 7th February 2017, and her dead body was found near a nala on 8th February 2017 with injuries. The appellant was arrested, and a weapon (axe) was allegedly recovered at his instance. The prosecution relied on circumstantial evidence including last seen, motive (the appellant had borrowed money from the deceased and was unable to repay), extra-judicial confession made to PW-5, and recovery of the weapon. The trial court convicted the appellant, sentencing him to life imprisonment. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found several infirmities. The last seen evidence was weak as the time gap was not proximate. The motive was not strong enough. The extra-judicial confession was not corroborated and was inconsistent with the medical evidence. The recovery of the weapon was not credible as the panch witnesses turned hostile. Moreover, the trial court failed to put all incriminating circumstances to the accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), which vitiated the trial. The High Court held that the prosecution failed to prove the guilt beyond reasonable doubt and the chain of circumstances was incomplete. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted. The court directed his release unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Chain of Circumstances - The prosecution must establish a complete chain of circumstances pointing only to the guilt of the accused, excluding every other hypothesis. In the present case, the evidence of last seen, motive, recovery of weapon, and extra-judicial confession was found unreliable and insufficient to complete the chain. Held that the conviction cannot be sustained (Paras 1-30). B) Evidence Act - Extra-Judicial Confession - Credibility - An extra-judicial confession must be voluntary, truthful, and corroborated by other evidence. The alleged confession made to PW-5 was not corroborated and was inconsistent with medical evidence. Held that such confession cannot be the sole basis for conviction (Paras 15-20). C) Criminal Procedure Code - Section 313 - Examination of Accused - The accused must be given a fair opportunity to explain incriminating circumstances. The trial court's failure to put all incriminating circumstances to the accused vitiates the trial. Held that the conviction is liable to be set aside on this ground alone (Paras 25-28).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 201, and 404 of the Indian Penal Code based on circumstantial evidence is sustainable in law.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Directed to be released unless required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- motive
- last seen theory
- recovery of weapon
- extra-judicial confession
- dying declaration
- Section 313 CrPC
- benefit of doubt
