Case Note & Summary
The appellants, Laxman Babulal Rajput, Prakash Babulal Rajput, and Harisingh Babulal Rajput, were convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.425/1984 for offences punishable under Sections 144, 148, 302, 324, 449 read with Section 149 of the Indian Penal Code. They were sentenced to life imprisonment and fines. The case arose from an incident on 19.04.1984 when the informant, Molli Sampat Pilley, alleged that the appellants and other accused entered her hut armed with weapons, assaulted her cousin Mohan Shetty, and chased her husband Sampat Pilley into a creek where he was killed. The prosecution relied on the testimony of the informant and other witnesses. However, the High Court found material inconsistencies in the evidence, particularly regarding the identification of the appellants. The informant's testimony was contradictory about the number of accused and their roles. The court noted that the appellants were not named in the First Information Report and were only identified later under doubtful circumstances. The medical evidence did not corroborate the prosecution's version. The court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt and accordingly acquitted them, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Intention - Sections 302, 324, 449 read with 149 IPC - Conviction set aside due to inconsistent evidence and doubtful identification - The prosecution failed to establish the presence and participation of the appellants in the alleged incident beyond reasonable doubt - Held that the benefit of doubt must be given to the appellants (Paras 1-23).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 324, 449 read with Section 149 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The impugned judgment and order dated 20.06.1998 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.425/1984 is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Common intention
- Unlawful assembly
- Murder
- Hurt
- House-trespass
