Case Note & Summary
The appellant, Udal Harishchandra Nanak, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 302 and 307 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The case of the prosecution was that on 21st December 2010, the appellant attacked the deceased Sagar Ranpise and injured Vivek Bhosale with a sickle, resulting in Sagar's death. The appellant appealed against the conviction. The High Court examined the evidence and found that the sole eyewitness, Vivek Bhosale, turned hostile and did not support the prosecution. Other witnesses also turned hostile. The medical evidence regarding the time of death contradicted the prosecution's timeline. The court held that the prosecution failed to prove its case beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. The court emphasized that the testimony of a hostile witness requires corroboration and that the absence of proved motive weakens the prosecution case.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307 IPC - Conviction based on unreliable testimony - The appellant was convicted for murder and attempt to murder. The High Court held that the prosecution failed to prove its case beyond reasonable doubt as the sole eyewitness turned hostile and other witnesses did not support the prosecution. The medical evidence contradicted the ocular version regarding the time of death. The court set aside the conviction and acquitted the appellant. (Paras 1-44) B) Evidence Law - Hostile Witness - Testimony of hostile witness requires corroboration - The court held that the testimony of a hostile witness cannot be relied upon without corroboration. In this case, the sole eyewitness turned hostile and his testimony was not corroborated by any other evidence. (Paras 20-25) C) Criminal Law - Motive - Absence of motive weakens prosecution case - The court noted that while motive is not essential, its absence weakens the prosecution case. The alleged motive of obstruction of way was not proved. (Paras 30-35)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order of conviction passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 203/2011 dated 31st December 2012 is set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Conviction cannot be based on unreliable testimony
- Hostile witness testimony requires corroboration
- Motive not essential but absence weakens case
- Benefit of doubt must be given when prosecution fails to prove guilt beyond reasonable doubt
