Case Note & Summary
The case pertains to a double murder that occurred on 27 May 1996 at 8:30 PM in village Madhyal, Taluka Kagal, District Kolhapur. The appellants, originally accused nos. 2 to 7, were convicted by the Additional Sessions Judge, Kolhapur in Sessions Case Nos. 47 and 48 of 1997 for offences punishable under Sections 148, 302 read with 148 and 149 of the Indian Penal Code, and sentenced to life imprisonment on two counts with a fine of Rs.5,000 each. The prosecution alleged that there was political rivalry and long-standing enmity between the two groups, and that the sister of accused no. 2, Nirmala, had committed suicide five years earlier due to alleged illicit relations with deceased Maruti Morbale. Additionally, deceased Maruti had contested Grampanchayat elections against accused no. 3. On the night of the incident, the deceased Bhairu and Maruti Morbale were attacked by a mob of 15 accused persons armed with weapons. The trial court convicted the six appellants while acquitting the other nine accused. The appellants challenged the conviction before the Bombay High Court. The High Court examined the evidence and found that the prosecution witnesses were highly interested, being relatives of the deceased and having enmity with the accused. Their testimony lacked corroboration from independent witnesses. The identification parade was conducted after a considerable delay, and the witnesses had seen the accused before the parade. The FIR was lodged after a delay of about 12 hours without satisfactory explanation. The court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that they be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Appreciation of Evidence - Interested Witnesses - Conviction cannot be based solely on the testimony of interested witnesses without independent corroboration - The court held that the prosecution witnesses were highly interested and their testimony was not reliable, as they were related to the deceased and had enmity with the accused. (Paras 10-15) B) Criminal Law - Identification Parade - Delay in Holding - The identification parade was held after a considerable delay, and the witnesses had ample opportunity to see the accused before the parade, rendering the identification unreliable. (Paras 16-18) C) Criminal Law - Delay in Lodging FIR - The FIR was lodged after a delay of about 12 hours without satisfactory explanation, which casts doubt on the prosecution's case. (Paras 19-20) D) Criminal Law - Common Intention - Unlawful Assembly - In the absence of reliable evidence of common object or participation, conviction under Sections 148 and 149 IPC cannot be sustained. (Paras 21-23)
Issue of Consideration
Whether the conviction of the appellants under Sections 148, 302 read with 149 IPC is sustainable based on the evidence of interested witnesses and in the absence of corroboration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They be set at liberty forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- Interested witnesses
- Identification parade
- Delay in lodging FIR
- Common intention
- Unlawful assembly
- Benefit of doubt
