Case Note & Summary
The appellant, Akshay @ Chhotya Kachar Jedgule, was convicted by the Additional Sessions Judge, Khed-Rajgurunagar, for the murder of Popat Kale under Section 302 IPC and sentenced to life imprisonment. The case was based on circumstantial evidence. On 19.11.2013, the deceased was found dead with head injuries in a field, with a wooden baton and stone nearby. The prosecution alleged that the appellant was last seen with the deceased on the night of 18.11.2013 by PW-2 and PW-3, and that a wooden baton was recovered at his instance. The trial court convicted him. On appeal, the Bombay High Court examined the evidence. The court found that the testimonies of PW-2 and PW-3 were contradictory and unreliable; PW-2 did not know the appellant before the incident and PW-3's testimony was inconsistent. The recovery of the wooden baton was not proved as the panch witnesses turned hostile and the investigating officer's testimony lacked corroboration. The court held that the prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the accused. The court also noted that the time gap between the last seen and the death was not narrow enough to exclude other possibilities. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Indian Penal Code, 1860, Section 302 - The prosecution relied on the last seen evidence of PW-2 and PW-3, but their testimonies were found to be unreliable due to contradictions and lack of corroboration. The court held that the last seen theory cannot form the sole basis for conviction unless the time gap between the last seen and the death is so narrow that no other inference is possible. (Paras 10-12) B) Criminal Law - Murder - Recovery of Weapon - Indian Penal Code, 1860, Section 302 - The recovery of a wooden baton at the instance of the accused was not proved beyond reasonable doubt as the panch witnesses turned hostile and the investigating officer's testimony was not corroborated. The court held that recovery of a weapon without credible evidence linking it to the crime is insufficient for conviction. (Paras 13-14) C) Criminal Law - Murder - Circumstantial Evidence - Chain of Circumstances - Indian Penal Code, 1860, Section 302 - The prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the accused. The court held that where the evidence is purely circumstantial, the circumstances must be fully established and must exclude every hypothesis of innocence. (Paras 15-16)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence, particularly the last seen theory and recovery of a wooden baton, is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. Fine, if paid, to be refunded. Appellant to be released forthwith unless required in any other case.
Law Points
- Circumstantial evidence
- last seen theory
- recovery of weapon
- Section 302 IPC
- Section 235(2) CrPC
- standard of proof beyond reasonable doubt
