Case Note & Summary
The Bombay High Court, by a common judgment, allowed three criminal appeals filed by Akshay Laxman Pachphule (original accused No. 1), Mayur Vilas Pachphule (original accused No. 2), and Avinash Manohar Pastapure (original accused No. 3) against their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860. The appellants were convicted by the learned Additional Sessions Judge, Solapur on 18.05.2018 in Special Case No. 71 of 2015 and sentenced to life imprisonment with a fine of Rs. 2,00,000 each. The case was based on circumstantial evidence, including last seen evidence and recovery of a weapon. The High Court found that the prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the appellants. The evidence of last seen was inconsistent and unreliable, and the motive was not proved. The court held that the appellants are entitled to the benefit of doubt and set aside the conviction and sentence. The appeals were allowed, and the appellants were directed to be set at liberty unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 r/w 34 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt - In the present case, the prosecution failed to establish motive and the evidence of last seen and recovery was inconsistent and unreliable - Held that the appellants are entitled to benefit of doubt and acquittal (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges. They be set at liberty unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Lack of motive
- Circumstantial evidence
- Section 302 IPC
- Section 34 IPC
Case Details
2022 LawText (BOM) (04) 64
Criminal Appeal No. 862 of 2018 with Criminal Application No. 191 of 2019, Criminal Appeal No. 687 of 2018, Criminal Appeal No. 863 of 2018
Smt. Sadhana S. Jadhav, Milind N. Jadhav
Mr. Satyavrat Joshi i/by Mr. Nitesh Mohite, Mr. M.V. Thorat a/w Mr. V.M. Thorat, Mr. Daulat Khamkar, Mr. Ritesh Thobde a/w Mr. Sagar Tambe, Ms. M.M. Deshmukh
Mayur Vilas Pachfule, Avinash Manohar Pastapure, Akshay Laxman Pachfule
The State of Maharashtra, Jobi Abhiman Kole (deleted as expired), Swarna Pandit Kole
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Nature of Litigation
Criminal appeals against conviction for murder under Section 302 r/w 34 IPC.
Remedy Sought
Appellants sought acquittal by setting aside the conviction and sentence imposed by the trial court.
Filing Reason
Appellants were convicted for murder and sentenced to life imprisonment; they challenged the conviction on grounds of insufficient and inconsistent evidence.
Previous Decisions
Trial court convicted the appellants on 18.05.2018 in Special Case No. 71 of 2015.
Issues
Whether the conviction under Section 302 r/w 34 IPC is sustainable based on circumstantial evidence.
Whether the prosecution proved the guilt beyond reasonable doubt.
Submissions/Arguments
Appellants argued that the evidence was inconsistent and did not establish a complete chain of circumstances.
Prosecution argued that the last seen evidence and recovery of weapon proved guilt.
Ratio Decidendi
In a case based on circumstantial evidence, the prosecution must establish a complete chain of circumstances pointing only to the guilt of the accused. Inconsistent evidence and failure to prove motive entitle the accused to benefit of doubt.
Judgment Excerpts
This is a group of three Criminal Appeals which are disposed of by this common judgment.
The aforesaid Appeals are filed against the conviction of the Appellants by the learned Additional Sessions Judge, Solapur vide judgment and order dated 18.05.2018 in Special Case No. 71 of 2015 convicting the Appellants of the offence punishable under section 302 r/w 34 of the Indian Penal Code.
Procedural History
Trial court convicted appellants on 18.05.2018. Appeals filed in 2018. Criminal Application for bail filed in 2019. Common judgment delivered on 21.04.2022.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
