Case Note & Summary
The appellant, Keda Pandit Bachhav, was convicted by the Additional Sessions Judge, Malegaon for the murder of his second wife Kedabai @ Lalita under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant had frequent quarrels with the deceased over his intention to bring back his first wife, and on the intervening night of 15-16 October 2012, he assaulted her with a wooden log and strangulated her. The conviction was based on circumstantial evidence including motive, last seen evidence, and recovery of the weapon. The Bombay High Court, in appeal, found that the prosecution failed to prove the motive as the witnesses were not reliable. The last seen theory was not established as the only witness who claimed to have seen the appellant with the deceased was not credible. The recovery of the wooden log was not linked to the appellant. The court held that the chain of circumstances was incomplete and the conviction could not be sustained. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
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 - Prosecution failed to prove motive and last seen theory - Held that conviction cannot be sustained as circumstances are not conclusive (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- chain of circumstances
- benefit of doubt
