Case Note & Summary
The appellant, Machhindra @ Avinash Ganpat Teltumde, was convicted by the Sessions Court for the murder of Sudhir under Section 302 IPC and sentenced to life imprisonment. The prosecution alleged that on 12.05.2014, following a dispute over children's clothing, the appellant came to the deceased's house, called him out, quarreled, and stabbed him eight times with a knife. The incident was allegedly witnessed by Shubhangi (PW2), Adesh (PW3), Kalpana (PW1), and the deceased's son. The appellant appealed, arguing that the prosecution failed to prove his guilt beyond reasonable doubt. The High Court found that the eyewitness testimony was unreliable: Shubhangi claimed to have seen the incident from the terrace of Bhushan Popali's house, but the spot panchnama did not mention that house, and there was no evidence that the incident was visible from there. Adesh's testimony was also inconsistent. Additionally, the appellant sustained injuries during the incident, which the prosecution did not explain, creating a reasonable doubt. The court held that the conviction could not be sustained and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Eyewitness Testimony - Unreliable Witness - The court examined the credibility of eyewitnesses Shubhangi (PW2) and Adesh (PW3) and found their testimony inconsistent and unreliable, particularly due to discrepancies regarding the location from which the incident was witnessed and the failure to explain injuries on the accused. Held that conviction cannot be based on such testimony (Paras 3-5). B) Criminal Law - Murder - Section 302 IPC - Unexplained Injuries on Accused - The court noted that the appellant sustained injuries during the incident, but the prosecution failed to explain them, which created a reasonable doubt about the prosecution's version. Held that the benefit of doubt must be given to the accused (Paras 4-5).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the appellant committed murder under Section 302 IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offense under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Benefit of doubt
- Unreliable eyewitness
- Unexplained injuries on accused
- Failure to prove guilt beyond reasonable doubt
