Case Note & Summary
The appellant, Ganesh Dnyaneshwar Kanadje, was convicted by the Sessions Judge, Buldhana for the murder of Baburao Khonde under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 04.11.2016, the appellant stabbed the deceased with a knife following a dispute over the deceased having arranged the appellant's marriage to a mentally retarded woman. The sole eyewitness was the deceased's son (PW-1), who claimed to have seen the attack along with others. The High Court found that PW-1's testimony was unreliable due to contradictions and improvements, and that the other witnesses turned hostile. The court noted that the prosecution failed to produce independent witnesses or corroborate the testimony of the interested witness. The motive was not sufficiently established. The court held that the conviction based on such weak evidence was unsustainable and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Interested Witness - Testimony of son of deceased, being an interested witness, requires corroboration - In the absence of independent corroboration and presence of contradictions, conviction cannot be sustained - Held that the evidence of PW-1, being the son of the deceased, is that of an interested witness and his testimony must be scrutinized with care and caution (Paras 10-15). B) Criminal Law - Murder - Last Seen Theory - Circumstantial Evidence - The prosecution failed to prove the last seen theory and other circumstances beyond reasonable doubt - The chain of circumstances was incomplete - Held that the conviction based solely on the testimony of interested witnesses without corroboration is unsafe (Paras 16-20). C) Criminal Law - Murder - Motive - Alleged motive of deceased arranging marriage of appellant with mentally retarded wife - Motive not sufficiently proved - Held that the prosecution failed to establish the motive beyond reasonable doubt (Paras 8-9).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the testimony of interested witnesses and lack of corroborative evidence.
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
- Appreciation of evidence
- Interested witness
- Corroboration
- Circumstantial evidence
- Last seen theory
- Motive
