Case Note & Summary
The State of Maharashtra appealed against the acquittal of Vishnu Dagadu Gaikwad and Balu Vishnu Gaikwad (respondents) for the murder of Ramabai, the wife of the informant. The prosecution case was that on 13th April 2002, the accused visited the deceased's house demanding a contribution for Ambedkar Jayanti. When the deceased expressed inability, the accused allegedly caught hold of her, poured kerosene, and set her ablaze. The deceased succumbed to burn injuries the same night. The sole eyewitness was Chandrakant (PW-2), a child aged about 10-12 years, who claimed to have seen the incident. The trial court acquitted the accused, finding PW-2's testimony unreliable due to contradictions and lack of corroboration. The High Court, in appeal, examined the evidence, including the dying declaration (Exh. 24) which did not name the accused, and the testimony of other witnesses. The court noted that PW-2's statement under Section 164 CrPC differed from his court testimony, and he admitted to being tutored. The court held that the trial court's findings were not perverse and that the prosecution failed to prove guilt beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against Acquittal - Scope of Interference - The High Court's power to interfere with an acquittal is limited; unless the findings are perverse or unreasonable, the appellate court should not substitute its own view. (Paras 1-12) B) Evidence Law - Child Witness - Corroboration - The testimony of a child witness requires careful scrutiny and corroboration by other evidence. In this case, the child witness (PW-2) was found to be unreliable due to material contradictions and improvements, and his testimony was not corroborated by any other witness or dying declaration. (Paras 6-12) C) Criminal Law - Murder - Section 302 IPC - Dying Declaration - The deceased's dying declaration (Exh. 24) did not name the accused, and the prosecution failed to prove the charges beyond reasonable doubt. The acquittal was upheld. (Paras 7-12)
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Court was perverse and liable to be set aside, and whether the sole testimony of a child witness (PW-2) was sufficient to convict the accused for murder.
Final Decision
The appeal is dismissed. The judgment and order of acquittal dated 17th May 2003 passed by the learned Sessions Judge, Nashik in Sessions Case No. 35 of 2002 is confirmed.
Law Points
- Appeal against acquittal
- child witness
- corroboration
- dying declaration
- Section 302 IPC
- Section 451 IPC
- Section 34 IPC
