Case Note & Summary
The Appellant, Sameer Khan, was convicted by the Sessions Judge, Raigad at Alibag for the murder of Devi Deepak Sarkar @ Deepti Sameer Khan under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the Appellant and deceased were in a love affair, and on 04/10/2012, after a quarrel, the Appellant throttled the deceased to death in her room. Neighbors heard noise and saw the Appellant jumping out of the window. The landlord lodged an FIR. During trial, the prosecution examined several witnesses, but key witnesses including the landlord and neighbors turned hostile and did not support the prosecution case. The medical evidence confirmed death by throttling, but there was no direct evidence linking the Appellant to the crime. The trial court convicted based on circumstantial evidence. On appeal, the High Court found that the chain of circumstances was incomplete, as the hostile witnesses could not be relied upon, and there was no other credible evidence. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and accordingly allowed the appeal, setting aside the conviction and acquitting the Appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - In this case, prosecution witnesses turned hostile, no eyewitness, and circumstantial evidence was insufficient to prove guilt beyond reasonable doubt - Held that conviction cannot be sustained and accused is entitled to acquittal (Paras 1-19).
Issue of Consideration
Whether the conviction of the Appellant under Section 302 of the Indian Penal Code for the murder of Devi Deepak Sarkar @ Deepti Sameer Khan is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment and order dated 27/11/2014 passed by the Sessions Judge, Raigad at Alibag in Sessions Case No.20 of 2013 is set aside. The Appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. The Appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- hostile witness
- benefit of doubt
- murder
- Section 302 IPC
- conviction set aside
