Case Note & Summary
The appellant, Ashok Ratan Sonawne, was convicted by the Additional Sessions Judge, Dhule, for the murder of his wife under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 15.10.2013 at around 1:30-2:00 pm, the appellant assaulted his wife with a sickle (dks;rk) at their residence, causing her death. The sole eye-witness was PW3 Rohini, the daughter-in-law. PW4 Vilas, the son, lodged the FIR based on information from his wife. The appellant took the plea of alibi, claiming he was at work, and examined one defence witness. The High Court found that the testimony of PW3 was unreliable due to contradictions and improvements. The inquest panchanama was conducted at the hospital instead of the spot, violating Section 174 CrPC. The seizure of the murder weapon was doubtful as the panch turned hostile. The seizure of chits to show motive was also doubtful as the handwriting expert's opinion was not produced. The prosecution failed to disprove the alibi. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Appreciation of Evidence - Conviction based on sole eye-witness - Testimony of PW3 found unreliable due to contradictions and improvements - Held that conviction cannot be sustained on such shaky evidence (Paras 1-10). B) Criminal Procedure - Inquest Panchanama - Section 174 CrPC - Inquest panchanama conducted at hospital instead of spot - Held that it is a serious procedural irregularity (Para 2). C) Evidence - Motive - Seizure of chits - Handwriting expert opinion not produced - Held that motive not proved (Para 3). D) Evidence - Alibi - Defence witness examined - Held that prosecution failed to disprove alibi (Para 4).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder of his wife is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Appreciation of evidence of eye-witness
- Inquest panchanama under Section 174 CrPC
- Motive
- Alibi
- Hostile witness
- Handwriting expert opinion
