Case Note & Summary
The appellant, Nagorao s/o Hari Kamble, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his daughter-in-law, Nilavati, and sentenced to life imprisonment. The prosecution case was that on 03-06-2008, Nilavati was alone at home while other family members were away. The appellant allegedly returned home, killed her, and then left. The body was found with injuries. The trial court convicted based on circumstantial evidence, including motive (Nilavati not bearing a child) and last seen evidence. The High Court, on appeal, found that the circumstantial evidence was not complete and did not exclude the possibility of innocence. The last seen theory was weak as the appellant was not seen with the deceased at the time of death. The motive was not strong enough to prove guilt. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Appeal against conviction for murder of daughter-in-law - Prosecution relied on last seen theory and motive of not giving birth to child - Held that circumstantial evidence must be complete and consistent only with guilt; last seen theory requires proximity in time and place; motive alone insufficient without corroboration - Conviction set aside (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence
- Last seen theory
- Motive
- Burden of proof
- Benefit of doubt
