Case Note & Summary
The appellant, Rajkumar Bhurelal Choudhary, was convicted by the Sessions Judge, Gondia, for the murder of his wife, Bhumabai @ Ranjita, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was based on circumstantial evidence, primarily the last seen theory and motive. The deceased was found dead in her matrimonial home on 07.05.2011, with injuries on her cheek, lips, neck, and elbow joints. The appellant allegedly informed the deceased's uncle, Mukund Yele (PW4), about her death. The first informant, Gomaji Yele (PW1), lodged a report suspecting murder. The trial court convicted the appellant, relying on the testimony of PW4 and other witnesses who claimed to have seen the appellant with the deceased shortly before her death. The High Court, however, found that the prosecution failed to prove homicidal death. The post-mortem doctor (PW9) could not determine the exact cause of death due to decomposition, and the viscera report did not reveal any poison. The medical evidence was inconclusive. The court also found the last seen evidence unreliable, as PW4's testimony contained contradictions and improvements. The motive alleged was that the appellant suspected the deceased's character, but this was not sufficiently proved. The High Court held that the chain of circumstances was incomplete and did not exclude the possibility of suicide or accidental death. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on circumstantial evidence. The High Court held that the prosecution failed to prove homicidal death as the medical evidence did not conclusively establish the cause of death. The chain of circumstances was incomplete and the last seen theory was not reliable due to inconsistencies in witness testimony. The appeal was allowed and conviction set aside. (Paras 1-20) B) Evidence Law - Homicidal Death - Medical Evidence - The court observed that the doctor who conducted the post-mortem could not opine the exact cause of death due to decomposition. The viscera report was inconclusive. Therefore, the prosecution failed to prove that the death was homicidal. (Paras 10-15) C) Criminal Law - Last Seen Theory - Reliability - The witnesses claiming to have last seen the deceased with the appellant were not trustworthy due to contradictions and improvements in their statements. The court held that the last seen theory cannot be the sole basis for conviction without corroboration. (Paras 16-18)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder of his wife is sustainable based on circumstantial evidence.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- Homicidal death
- Last seen theory
- Motive
- Chain of circumstances
- Benefit of doubt
