Case Note & Summary
The appellant, Udhav Punjaram Nawsagre, was convicted by the Additional Sessions Judge-I, Nanded on 16.05.2018 in Sessions Case No.100 of 2015 for the murder of his wife Laxmibai under Section 302 of the Indian Penal Code (IPC). The prosecution alleged that on 17.06.2015, the appellant assaulted Laxmibai with a pick-axe in a field due to suspicion about her chastity, causing fatal injuries. The sole eyewitness was PW6 Chayabai, who claimed to have heard shouts and seen the appellant present. She also claimed to have received an oral dying declaration from the deceased. The trial court convicted the appellant based on this testimony and the recovery of the weapon. On appeal, the Bombay High Court examined the evidence and found that PW6 Chayabai was an interested witness being the sister of the deceased, and her testimony contained contradictions and inconsistencies. The oral dying declaration was not corroborated by medical evidence or any other witness. The motive of suspecting chastity was not proved by cogent evidence. The recovery of the pick-axe was delayed and not linked to the appellant. The court held that the prosecution failed to prove its case beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Appreciation of Evidence - Conviction based on testimony of interested witnesses without independent corroboration is unsustainable - Held that the evidence of PW6 Chayabai, being an interested witness and her testimony suffering from contradictions, cannot be relied upon to convict the appellant (Paras 5-10). B) Criminal Law - Dying Declaration - Oral Dying Declaration - Credibility - Oral dying declaration made to PW6 Chayabai is not reliable as it was not corroborated by medical evidence or other witnesses - Held that the oral dying declaration lacks evidentiary value (Paras 7-9). C) Criminal Law - Motive - Section 302 IPC - Proof of Motive - Alleged motive of suspecting chastity not proved by cogent evidence - Held that mere suspicion without proof cannot form the basis of conviction (Paras 5-6). D) Criminal Law - Circumstantial Evidence - Recovery of Weapon - Delay in recovery and lack of corroboration - Held that recovery of pick-axe at a belated stage without connecting the appellant to the crime is not sufficient to sustain conviction (Paras 8-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC is sustainable based on the evidence of interested witnesses and lack of corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Appreciation of evidence
- Interested witnesses
- Circumstantial evidence
- Dying declaration
- Motive
- Recovery of weapon
