Case Note & Summary
The appellant, Rajesh Kumar Yedurajsingh Bhadoriya, was convicted by the Additional Sessions Judge, Thane, in Sessions Case No. 302/2010 for the murder of his wife Sangita and daughter Tanishka, and attempt to murder his other daughter Aayushi, under Sections 302 and 307 of the Indian Penal Code, 1860. The prosecution case was that on 30 March 2010, the appellant brought his wife Sangita to Civil Hospital Thane with a history of head injury due to a fall of a cupboard, but she was declared dead. The police noticed several head injuries on the body, and later the daughter Tanishka also succumbed to injuries. The appellant was arrested and charged. The trial court convicted him based on circumstantial evidence, including motive, last seen evidence, and a dying declaration of Tanishka. The appellant appealed to the High Court. The High Court examined the evidence and found that the prosecution failed to establish a complete chain of circumstances. The dying declaration was recorded by a police officer without medical certification of fitness, and the medical evidence contradicted the prosecution story. The court also noted that the trial court did not properly put incriminating circumstances to the accused under Section 313 CrPC. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307 IPC - Circumstantial Evidence - The appellant was convicted for murder of his wife and daughter and attempt to murder another daughter. The High Court held that the prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the accused. The dying declaration was unreliable, and the medical evidence did not support the prosecution case. The appeal was allowed and the appellant was acquitted. (Paras 1-36) B) Evidence Law - Dying Declaration - Reliability - The dying declaration of the deceased daughter was recorded by a police officer without certification by a doctor that she was in a fit state of mind. The court held that such a dying declaration cannot be relied upon without corroboration. (Paras 20-25) C) Criminal Procedure Code - Section 313 CrPC - Examination of Accused - The trial court failed to put incriminating circumstances to the accused properly, causing prejudice. The High Court noted that the answers of the accused were not considered in the proper perspective. (Paras 30-32)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 (IPC) based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- motive
- last seen theory
- dying declaration
- medical evidence
- Section 313 CrPC
- benefit of doubt
