Case Note & Summary
The appellant, Radheshyam Dashrath Naitam, was convicted by the Additional Sessions Judge-4, Nagpur in Sessions Trial No.433/2015 for the murder of Manoj Kodwate under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 22.4.2015, the informant Ganesh Kodwate, brother of the deceased, lodged a report stating that his wife informed him of a quarrel between the deceased and the appellant. Later, one Anil Uike informed that the appellant had given a knife blow to Manoj. The prosecution relied on last seen evidence and an extra-judicial confession. The High Court heard the appeal and re-appreciated the evidence. The court found that the witnesses who claimed to have last seen the deceased with the appellant did not identify the appellant in court. The extra-judicial confession was not corroborated and was unreliable. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed his release unless required in another case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - Appeal against conviction - Prosecution case based on last seen theory and extra-judicial confession - Held that the evidence of last seen is weak and the extra-judicial confession is not credible - Conviction set aside (Paras 1-20). B) Evidence Law - Identification - Section 9 Indian Evidence Act, 1872 - Testimony of witnesses - Witnesses failed to identify accused in court - Held that identification in court is essential and failure to identify creates doubt (Paras 15-18). C) Criminal Procedure - Appeal - Section 374 Code of Criminal Procedure, 1973 - Appellate court's power to re-appreciate evidence - Held that appellate court can re-appreciate evidence and interfere if conviction is perverse (Paras 1-20).
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. Directed to be released unless required in another case.
Law Points
- Conviction under Section 302 IPC requires proof beyond reasonable doubt
- Identification of accused must be reliable
- Circumstantial evidence must form complete chain
- Benefit of doubt must be given to accused
