Case Note & Summary
The appellant, Harishchandra Rathod, was convicted by the Additional Sessions Judge, Amravati for the murder of Sushama under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 03.03.2015, the appellant, who had an illicit relationship with the deceased, visited her, quarreled, poured kerosene on her, and set her ablaze. The sole eyewitness was Jayavantbai (PW1), the maternal grandmother. The appellant claimed innocence and appealed. The High Court examined PW1's testimony and found it unreliable. In her deposition, PW1 initially denied the incident, was declared hostile, and later gave a version inconsistent with her complaint. The court noted material contradictions and improvements, and the lack of corroboration from other witnesses. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the conviction was based on shaky evidence. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith unless required in another case.
Headnote
A) Criminal Law - Murder - Sole Eyewitness Testimony - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder based solely on the testimony of PW1, the maternal grandmother of the deceased. The court found her testimony unreliable due to material contradictions, improvements, and lack of corroboration. Held that conviction cannot be sustained on such shaky evidence (Paras 1-10). B) Evidence Law - Appreciation of Evidence - Contradictions and Improvements - Indian Evidence Act, 1872 - The court noted that PW1's deposition contained significant improvements and contradictions compared to her initial complaint, and she was declared hostile. Held that such testimony cannot form the basis of conviction without independent corroboration (Paras 6-9).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based solely on the testimony of PW1 is sustainable.
Final Decision
The appeal is allowed. The judgment and order dated 10.04.2018 in Sessions Trial No. 108/2015 convicting the appellant for the offense punishable under Section 302 IPC is quashed and set aside. The appellant is acquitted of the said charge. The appellant be set at liberty forthwith, if not required in any other case.
Law Points
- Sole eyewitness testimony must be reliable and corroborated
- Benefit of doubt in criminal cases
- Standard of proof beyond reasonable doubt
