Case Note & Summary
The appellant, Vinod Wasudeo Balpande, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No.208/2013 for the murder of Shankarrao Kokate under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that the appellant and the deceased worked at the same site; the deceased had accused the appellant of stealing channels and angles, leading to a grudge. On 19.02.2013, the appellant allegedly assaulted the deceased with an axe. The conviction was based on circumstantial evidence including motive, last seen, extra-judicial confession, and recovery of the weapon. The High Court found that the evidence was inconsistent and insufficient. The motive was weak as the alleged theft was not proved. The last seen theory was not supported by credible witnesses. The extra-judicial confession was not corroborated. The recovery of the axe was doubtful. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - In the present case, prosecution relied on motive, last seen, extra-judicial confession, and recovery of weapon - Court found inconsistencies in testimonies, lack of credible evidence for last seen, and extra-judicial confession not corroborated - Held that prosecution failed to prove guilt beyond reasonable doubt, appeal allowed, conviction set aside (Paras 2-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- extra-judicial confession
- benefit of doubt
