Case Note & Summary
The appellant, Santosh Dashrath Sonawane @ Khandya, was convicted by the Additional Sessions Judge, Mumbai, for the murder of Sangita Aadhav under Sections 302, 504, 506(II) IPC and sentenced to life imprisonment. The incident occurred on 13.05.2014 when the complainant Bhavesh Aadhav alleged that the appellant, in an inebriated state, abused him and his mother Sangita. The mother later died due to burn injuries. The prosecution's case was based on circumstantial evidence, including the last seen theory and alleged oral dying declaration. The High Court, on appeal, reappraised the evidence and found that the complainant's testimony was inconsistent and unreliable. The court noted that the complainant had not seen the appellant setting the mother on fire, and the medical evidence did not support the prosecution's timeline. The court also found that the identification of the appellant was doubtful as the incident occurred at night and the complainant had only seen the appellant under a streetlight. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Prosecution failed to establish last seen theory and motive - Conviction under Section 302 IPC set aside - Held that the evidence of the complainant and other witnesses was inconsistent and unreliable, and the identification of the appellant was doubtful (Paras 1-16).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 504, 506(II) IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Murder
- Circumstantial Evidence
- Identification of Accused
- Last Seen Theory
- Credibility of Witnesses
- Benefit of Doubt
Case Details
2022 LawText (BOM) (04) 66
Criminal Appeal No. 964 of 2018 with Interim Application No. 3351 of 2021
Smt. Sadhana S. Jadhav, Milind N. Jadhav
Ms. Rebecca Gonsalvez i/by Dr. Yug Mohit Chaudhry for the Appellant, Ms. M.M. Deshmukh, APP for the Respondent - State
Santosh Dashrath Sanawane @ Khandya
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Nature of Litigation
Criminal appeal against conviction for murder and other offences.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellant was convicted for murder of Sangita Aadhav under Sections 302, 504, 506(II) IPC.
Previous Decisions
Trial court convicted the appellant on 21.04.2017 in Sessions Case No.805 of 2014.
Issues
Whether the prosecution proved the guilt of the appellant beyond reasonable doubt.
Whether the evidence of the complainant and other witnesses is credible and reliable.
Submissions/Arguments
Appellant argued that the prosecution failed to prove the case beyond reasonable doubt, the identification was doubtful, and the evidence was inconsistent.
Respondent argued that the conviction was based on credible evidence and the last seen theory.
Ratio Decidendi
The prosecution must prove guilt beyond reasonable doubt; in cases of circumstantial evidence, the chain of circumstances must be complete and consistent with the hypothesis of guilt. In this case, the evidence was inconsistent and identification doubtful, hence benefit of doubt given.
Judgment Excerpts
The learned Additional Sessions Judge, City Civil and Sessions Court, Mumbai ("Trial Court") by the judgment and order dated 21.04.2017 has convicted Santosh Dashrath Sonawane @ Khandya (Original accused - hereinafter referred to as "the Appellant") of the offences punishable under Sections 302, 504, 506(II) of the Indian Penal Code, 1860 ("IPC") and sentenced the Appellant to suffer rigorous imprisonment for life and also to pay fine of Rs.25,000/- and in default of payment of fine, to undergo rigorous imprisonment for one year.
The Appellant is in appeal against the said judgment and order convicting him in Sessions Case No.805 of 2014.
Procedural History
The appellant was convicted by the Trial Court on 21.04.2017. He filed an appeal before the High Court. The High Court heard the appeal and delivered judgment on 20.04.2022, allowing the appeal and acquitting the appellant.
Acts & Sections
- Indian Penal Code, 1860: 302, 504, 506(II)
