Case Note & Summary
The present appeals challenge the judgment and order dated 04.03.2015 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.301 of 2012, convicting the appellants under Section 235(2) of the Code of Criminal Procedure, 1973 for offences punishable under Sections 302, 307, 449, and 427 of the Indian Penal Code, 1860. The appellants, Anand Apparao Mane and Ravi Narayan Mane, were original accused nos. 1 and 2 respectively. The case of the prosecution was that on the night of 10th March 2012, the appellants along with two other accused (who were acquitted) entered the house of the deceased, assaulted him with a knife and a stick, and caused his death. The sole eyewitness was PW-1, the wife of the deceased, who claimed to have witnessed the incident. The trial court relied on her testimony and convicted the appellants. The High Court, however, found that PW-1 was an interested witness being the wife of the deceased, and her testimony was full of contradictions and improvements. The medical evidence did not corroborate her version regarding the manner of assault. The recovery of the weapon was not proved beyond doubt. The prosecution also failed to establish any motive. Consequently, the High Court held that the prosecution had not proved its case beyond reasonable doubt and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Interested Witness - Testimony of PW-1, wife of deceased, being an interested witness, requires strict scrutiny and corroboration - Held that her evidence was full of contradictions and improvements, and not corroborated by medical or other evidence, hence unreliable (Paras 10-15). B) Criminal Law - Murder - Circumstantial Evidence - Absence of Motive - Prosecution failed to establish motive for murder - Held that absence of motive, though not fatal, weakens the prosecution case when direct evidence is shaky (Para 16). C) Criminal Law - Murder - Medical Evidence - Discrepancy - Medical evidence showed injuries inconsistent with the version of the sole eyewitness - Held that such discrepancy creates doubt about the prosecution story (Paras 17-18). D) Criminal Law - Murder - Recovery of Weapon - Recovery of weapon at the instance of accused not proved beyond doubt - Held that recovery without independent corroboration is insufficient to sustain conviction (Para 19).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 449, and 427 IPC based on the testimony of a sole interested witness is sustainable in law.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges. They be set at liberty forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- Interested witness
- Corroboration
- Circumstantial evidence
- Benefit of doubt
