Case Note & Summary
The State of Maharashtra appealed against the acquittal of Sampat Bayaji Thorat, Shankar Sampat Thorat, and Housabai Sampat Thorat (respondents/original accused) by the 3rd Additional Sessions Judge, Satara in Sessions Case No.35 of 1994. The respondents were charged under Section 302 read with 34 of the Indian Penal Code for the murder of Malan Lade. The prosecution case was that on 12th November 1993, accused No.1 Sampat called Malan to his house regarding the return of gold ornaments taken earlier. Malan's daughters, Jyoti and Anjali, were present at home. Jyoti claimed to have seen the accused pouring kerosene on her mother and setting her on fire. Malan sustained 100% burns and died. The trial court acquitted the accused, finding the evidence of the sole eyewitness Jyoti unreliable due to her unnatural conduct—she did not raise an alarm or inform anyone until the next day. The court also noted that the dying declaration was not proved and the medical evidence did not support the prosecution. The High Court, in appeal, examined the evidence and found that the trial court's view was plausible and not perverse. The court held that the conduct of Jyoti was unnatural and her testimony lacked corroboration. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Acquittal - Section 302 read with 34 IPC - Appeal against acquittal - The State challenged the acquittal of three accused for murder of Malan Lade. The trial court found the evidence of the sole eyewitness (daughter) unreliable due to unnatural conduct and lack of corroboration. The High Court held that the trial court's view was plausible and not perverse, and the appeal lacked merit. (Paras 1-21) B) Evidence Law - Witness Credibility - Unnatural Conduct - The daughter of the deceased, who claimed to have witnessed the incident, did not raise an alarm or inform anyone until the next day. The High Court held that such conduct is unnatural and renders the testimony unreliable. (Paras 10-15) C) Criminal Law - Circumstantial Evidence - Motive - The prosecution alleged motive of non-return of gold ornaments. However, the High Court found that the evidence of motive was weak and not sufficient to sustain conviction in the absence of credible direct evidence. (Paras 16-18)
Issue of Consideration
Whether the acquittal of the respondents under Section 302 read with 34 IPC is sustainable in law.
Final Decision
Appeal dismissed; acquittal of respondents upheld.
Law Points
- Acquittal upheld
- lack of credible evidence
- unnatural conduct of witnesses
- no corroboration
- benefit of doubt
