Case Note & Summary
The appellant, Mahesh Vasant Chilwante, was convicted by the Additional Sessions Judge-3, Osmanabad, in Sessions Case No.21/2015 for offences punishable under Sections 302 and 201 of the Indian Penal Code, and sentenced to rigorous imprisonment for life. The case was based on circumstantial evidence. The prosecution alleged that on 20-12-2013, a dead body of an unknown male was found under a Babul tree, covered with a bedspread. During investigation, a chit was found in the pocket of the deceased which allegedly contained a note written by the appellant stating that three persons attempted to kill him. The appellant was arrested, and his house was searched. The prosecution relied on the last seen theory, extra-judicial confession made to PW5 (brother-in-law) and PW8 (ex-wife Seema), recovery of articles, and motive. The High Court examined the evidence and found that the chain of circumstances was incomplete. The last seen evidence was weak as there was no proximity in time between the appellant and deceased being seen together and the death. The extra-judicial confession was not reliable due to inconsistencies and lack of corroboration. The motive was not proved. The recovery of articles was not linked conclusively to the appellant. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Chain of Circumstances - The prosecution must prove each circumstance beyond reasonable doubt and the chain must be complete, pointing only to the guilt of the accused. In the present case, the circumstances of last seen, motive, extra-judicial confession, and recovery of articles were not conclusively proved, and the chain was incomplete. Held that the conviction cannot be sustained (Paras 1-30). B) Evidence Act - Extra-Judicial Confession - Reliability - Extra-judicial confession must be voluntary, true, and corroborated by other evidence. The alleged confession to PW5 and PW8 was not reliable due to inconsistencies and lack of corroboration. Held that it cannot form the basis of conviction (Paras 15-20). C) Criminal Law - Last Seen Theory - Proximity in Time - The last seen theory requires that the accused and deceased were seen together shortly before the death, with no intervening opportunity for others. In this case, the evidence of last seen was weak and not proximate in time. Held that the theory cannot be applied (Paras 10-14).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
The appeal is allowed. The judgment and order dated 12.02.2016 in Sessions Case No.21/2015 is set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Circumstantial evidence
- chain of circumstances
- last seen theory
- motive
- extra-judicial confession
- Section 302 IPC
- Section 201 IPC
