Case Note & Summary
The appellant, Raju Dayal Shrimali @ Khimji, was convicted by the Sessions Judge, Thane for the murder of his wife under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant married the deceased and they resided in a chawl in Bhiwandi. The appellant suspected his wife's character due to her long phone calls. On the day of the incident, the appellant allegedly throttled his wife in their room, locked it from outside, and fled to his native place in Rajasthan. He allegedly confessed his crime to a Circle Inspector at Hathipol Police Station, Udaypur. The police from Nizampura Police Station took custody of the appellant and filed a charge-sheet. The trial court framed charges under Section 302 IPC. The prosecution examined 12 witnesses, including the chawl owner, a tenant, and police officers. The appellant denied the allegations in his statement under Section 313 CrPC. The High Court analyzed the evidence and found that the prosecution relied on circumstantial evidence, including an extra-judicial confession, last seen, and motive. The court noted that the extra-judicial confession was allegedly made to a police officer, but the witness to the confession turned hostile, and the police officer's testimony was inconsistent. The court held that the chain of circumstances was incomplete and the evidence was unreliable. The court also noted that the prosecution failed to prove the motive and the last seen theory. Consequently, the court set aside the conviction and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The prosecution relied on circumstantial evidence including extra-judicial confession, last seen, and motive. The court held that the chain of circumstances was incomplete and the evidence was unreliable, particularly the extra-judicial confession which was not corroborated. The conviction was set aside and the appellant was acquitted. (Paras 1-20) B) Evidence Law - Extra-Judicial Confession - Reliability - The extra-judicial confession made to a police officer was not proved beyond doubt as the witness turned hostile and the police officer's testimony was inconsistent. The court held that such confession cannot be the sole basis for conviction. (Paras 10-15) C) Criminal Procedure - Examination of Accused under Section 313 CrPC - The accused's statement under Section 313 CrPC was considered, but the court found that the prosecution failed to prove the case beyond reasonable doubt. (Para 18)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence and extra-judicial confession is sustainable.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the Sessions Judge, Thane are set aside. The appellant is acquitted of the offence under Section 302 IPC. He is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- suspicion cannot replace proof
- benefit of doubt
- Section 302 IPC
- Section 313 CrPC
- extra-judicial confession
- last seen theory
- motive
