Case Note & Summary
The State of Maharashtra appealed against the judgment of the Special Judge (Atrocities on women) and 3rd Additional Sessions Judge dated 28.10.1999 in Sessions Case No. 357 of 1998, which acquitted the accused Raju Mahipat Sakate of the offence punishable under Section 302 of the Indian Penal Code (IPC). The prosecution case was that the accused married Kalpana on 16.04.1989. The accused suspected that Kalpana had illicit relations with Sanjay Awale (PW 3), the husband of her sister Vimal. On 15.05.1998, the accused asked Kalpana to stitch his torn underwear; she refused. The accused, already suspicious, caused her to fall down and throttled her to death. He then locked the house and went to Kapurbawadi police station, where he informed PSI Jafar (PW 1) that he had murdered his wife. The accused reiterated this before panch witnesses and led the police to his house, where the body was found. The trial court acquitted the accused, giving him the benefit of doubt. The High Court, in appeal, examined the evidence. The court noted that the extra-judicial confession made to PSI Jafar was not corroborated by any independent witness. The panch witness Ramesh Hande (PW 7) did not support the prosecution version. The medical evidence did not conclusively prove throttling. The circumstances did not form a complete chain to exclude the possibility of innocence. The court held that the prosecution failed to prove the case beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Acquittal upheld - The prosecution failed to prove the case beyond reasonable doubt as the extra-judicial confession was not corroborated by independent evidence and the circumstances did not form a complete chain pointing to the guilt of the accused - Held that the trial court's acquittal was proper (Paras 1-18).
Issue of Consideration
Whether the prosecution proved the guilt of the accused beyond reasonable doubt for the offence punishable under Section 302 of the Indian Penal Code, 1860.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the Special Judge (Atrocities on women) and 3rd Additional Sessions Judge on 28.10.1999 in Sessions Case No. 357 of 1998 is upheld.
Law Points
- Benefit of doubt
- Circumstantial evidence
- Extra-judicial confession
- Section 302 IPC
- Acquittal upheld
