Case Note & Summary
The appellant, Santosh Gunaji Dudhmal, was convicted by the Additional Sessions Judge, Nanded for the murder of Gunaji under Section 302 IPC and sentenced to life imprisonment. The prosecution alleged that on 29.04.2016, the appellant assaulted the deceased with an iron spade and wooden log following a land partition dispute. The informant (PW1 Suresh) and the deceased's wife (PW5 Rukhminibai) turned hostile during trial. The only eyewitness who supported the prosecution was PW8 Shankar. The appellant appealed, arguing that the evidence was weak and unreliable. The High Court re-appreciated the evidence and found that PW8's testimony was inconsistent and lacked corroboration from medical evidence or other witnesses. The court noted that the hostile witnesses had not supported the prosecution, and the sole reliance on PW8 was insufficient to prove guilt beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Conviction based on sole eyewitness - Section 302 Indian Penal Code, 1860 - Appeal against conviction for murder - Trial court relied on testimony of PW8 Shankar, the sole eyewitness, while other witnesses including informant and wife of deceased turned hostile - High Court found PW8's testimony inconsistent and not corroborated by medical or other evidence - Held that conviction cannot be sustained on uncorroborated testimony of a single witness whose credibility is doubtful - Appeal allowed, conviction set aside (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based primarily on the testimony of a single eyewitness (PW8) is sustainable when other material witnesses have turned hostile and the evidence lacks corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Hostile witness
- conviction based on sole eyewitness
- corroboration requirement
- appreciation of evidence
- benefit of doubt
Case Details
2023 LawText (BOM) (12) 4
Criminal Appeal No.152 of 2019
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Satej S. Jadhav for Appellant, Mrs. Uma Bhosale for Respondent
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellant challenged the judgment of conviction dated 14.01.2019 passed by Additional Sessions Judge, Nanded.
Previous Decisions
Trial court convicted appellant for murder under Section 302 IPC and sentenced to life imprisonment.
Issues
Whether the conviction based on sole eyewitness testimony of PW8 is sustainable when other witnesses turned hostile.
Whether the evidence on record proves guilt beyond reasonable doubt.
Submissions/Arguments
Appellant argued that there was no convincing evidence, informant and wife turned hostile, and sole eyewitness PW8's testimony was unreliable.
Prosecution argued that despite hostile witnesses, PW8's evidence was inspiring confidence and sufficient for conviction.
Ratio Decidendi
Conviction cannot be based solely on the testimony of a single eyewitness whose evidence is inconsistent and uncorroborated, especially when other material witnesses have turned hostile and the medical evidence does not support the ocular version.
Judgment Excerpts
Vide instant appeal exception is taken to the Judgment and order of conviction passed by learned Additional Sessions Judge, Nanded dated 14.01.2019, convicting appellant Santosh for offence punishable under section 302 of Indian Penal Code (IPC) and sentencing him to suffer life imprisonment and to pay fine of Rs.1,000/.
Learned counsel for appellant would submit that, apparently there is no convincing evidence regarding alleged occurrence.
Procedural History
FIR registered on 29.04.2016 for murder under Section 302 IPC. Trial held before Additional Sessions Judge, Nanded, who convicted appellant on 14.01.2019. Appellant filed Criminal Appeal No.152 of 2019 before Bombay High Court, Aurangabad Bench. Appeal reserved on 07.12.2023 and pronounced on 19.12.2023.
Acts & Sections
- Indian Penal Code, 1860: 302
