Case Note & Summary
The appellant, Nabi Hasan Noor Hasan Khan, was convicted by the Additional Sessions Judge, Borivali, Mumbai, for the murder of his 19-year-old wife Santoshi by strangulation on the night of 28 October 2012. The prosecution case was based on circumstantial evidence, including that the appellant was last seen with the deceased, had a motive due to his addiction to vices and quarrels, and that certain articles were recovered at his instance. The appellant challenged the conviction in the Bombay High Court. The court examined the evidence and found that the last seen evidence was unreliable as the witnesses were not credible, the motive was weak, and the recovery of articles was not properly linked to the crime. The court held that the chain of circumstances was incomplete and did not point only to the guilt of the appellant. Consequently, 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 that the chain of circumstances is complete and points only to the guilt of the accused - In the present case, the prosecution relied on last seen evidence, motive, and recovery of articles, but the evidence was found to be unreliable and inconsistent - Held that the conviction cannot be sustained and the appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence must be complete and point only to guilt
- Inconsistencies in witness testimony lead to benefit of doubt
- Conviction cannot be based on weak circumstantial evidence
