Case Note & Summary
The appellant, Kamlabai Tukaram Gharat, was convicted by the Additional Sessions Judge, Raigad-Alibaug in Sessions Case No.83 of 1994 for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment and a fine of Rs.1000, with default imprisonment of three months. She was also acquitted of the offence under Section 317 IPC (exposure and abandonment of a child under twelve years), and the State did not appeal that acquittal. The case arose from an incident on 10th November 1993, when a newborn female child was found alive near a bus stand in Sheva, Uran. The child was taken by Anant Gharat (PW-11) to his home, where his mother Hirabai (PW-6) cared for her. Hirabai informed the police that she had seen the appellant pregnant. The appellant and the child were taken to the Civil Hospital, Alibaug, where the child was later found dead. The postmortem report indicated death due to strangulation. The prosecution's case was based on circumstantial evidence, primarily that the appellant was the mother of the child and that she caused the death. The High Court, in appeal, examined the evidence and found several inconsistencies and gaps. The medical evidence did not conclusively prove that the appellant had recently delivered a child. The witnesses' testimonies were contradictory regarding the appellant's pregnancy and the events at the hospital. The court held that the chain of circumstances was incomplete and did not unerringly point to the appellant's guilt. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of the charge under Section 302 IPC.
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 present case, prosecution failed to establish that appellant was mother of deceased child or that she caused death - Held that conviction cannot be sustained and appellant is entitled to acquittal (Paras 1-17). B) Criminal Law - Infanticide - Abandonment of Child - Section 317 Indian Penal Code, 1860 - Appellant acquitted of offence under Section 317 IPC by trial court and no appeal filed by State - Held that acquittal under Section 317 IPC stands (Para 1).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of a newborn female child is sustainable based on circumstantial evidence.
Final Decision
Appeal allowed. Conviction and sentence under Section 302 IPC set aside. Appellant acquitted of the charge under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- benefit of doubt
- Section 302 IPC
- Section 317 IPC
- infanticide
- dying declaration
- medical evidence
- strangulation
- last seen theory
