Case Note & Summary
The appellant, Nandu Dada Survase, was convicted by the Additional Sessions Judge, Pandharpur for the murder of his wife Shakuntala under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 28 August 2009, at about 8.00 am, the appellant assaulted Shakuntala with a knife at a bus stop, causing a fatal incised wound on her neck. The FIR was lodged by the deceased's father, Narayan Salunkhe (PW-5). The prosecution examined 11 witnesses, including PW-7 Anand More (brother-in-law) and PW-8 Rajabai (sister of deceased) as eye-witnesses. The trial court relied on their testimony to convict the appellant. In appeal, the High Court scrutinized the evidence and found that PW-7 and PW-8 were interested witnesses being close relatives of the deceased. Their testimonies contained material contradictions regarding the time of incident and the manner of assault. Moreover, no independent witness from the bus stop was examined to corroborate their version. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, 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 - Interested Witnesses - The appellant was convicted for murder of his wife based on testimony of PW-7 (brother-in-law) and PW-8 (sister of deceased), who were close relatives and interested witnesses. The court held that their testimony suffered from material contradictions and lack of corroboration by independent witnesses, making it unsafe to sustain conviction. (Paras 1-10) B) Evidence Act - Interested Witness - Credibility - The court reiterated that while interested witnesses are not incompetent, their testimony must be scrutinized with caution and must be corroborated by independent evidence. In this case, the absence of independent corroboration and the presence of contradictions led to acquittal. (Paras 5-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on the testimony of interested witnesses is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Appreciation of evidence
- Interested witnesses
- Corroboration
- Circumstantial evidence
- Murder
- Section 302 IPC
