Case Note & Summary
The appellant, Nivrutti Ninaji Ghule, was convicted by the Additional Sessions Judge, Khamgaon, for the murder of his niece-in-law, Sharda, under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 23 April 2013, when the appellant allegedly assaulted Sharda with an axe. The informant (PW1), father-in-law of the deceased, lodged an FIR after being informed by Laxman Paraskar (PW8). The prosecution examined several witnesses, including the sole eyewitness (PW2), who claimed to have seen the assault. The appellant challenged the conviction on the grounds that the evidence was insufficient and the eyewitness testimony was unreliable. The High Court analyzed the evidence and found that the sole eyewitness's testimony was contradictory and lacked corroboration. The medical evidence did not support the prosecution's version of the assault. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on sole eyewitness - The court examined the credibility of the sole eyewitness (PW2) and found his testimony unreliable due to contradictions and lack of corroboration. The medical evidence did not support the alleged manner of assault. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal. (Paras 1-20) B) Evidence Law - Sole Eyewitness - Credibility - The court held that the testimony of a sole eyewitness must be scrutinized with care and caution. In this case, the witness's conduct and inconsistencies rendered his evidence untrustworthy. (Paras 15-18) C) Criminal Law - Medical Evidence - Inconsistency with Ocular Evidence - The medical evidence showed injuries inconsistent with the alleged axe attack, creating doubt about the prosecution's case. (Paras 19-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Conviction under Section 302 IPC requires proof beyond reasonable doubt
- Testimony of sole eyewitness must be credible and corroborated
- Medical evidence must be consistent with ocular evidence
- Circumstantial evidence must form complete chain
