Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 28th February 2000 passed by the VIth Additional Sessions Judge, Kolhapur, in Sessions Case No.201 of 1997, whereby the respondent-accused, Uttam Sakharam Kamble, was acquitted of the charge under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife, Shubhangi. The case arose from an incident on 22nd August 1997, when the accused and his wife were returning to their village after visiting her maternal uncle's house. According to the prosecution, a quarrel took place on the way, and the accused allegedly hit the deceased on the forehead with a weapon, causing a bleeding injury. The deceased was taken to a hospital but later died. The informant, the brother of the accused, lodged a report, and initially a case under Section 325 IPC was registered, which was later altered to Section 302 IPC. The trial court acquitted the accused, leading to the present appeal by the State. The High Court examined the evidence, including the testimonies of prosecution witnesses, the alleged dying declaration, and the circumstances. The court found that the prosecution witnesses gave inconsistent and contradictory statements, and the dying declaration was not reliable as it was not recorded by a Magistrate or medical officer and the deceased was in a critical condition. The court also noted the absence of any motive for the accused to commit the murder. The circumstantial evidence did not form a complete chain pointing to the guilt of the accused. The High Court held that the trial court's acquittal was not perverse and that the prosecution had failed to prove its case beyond reasonable doubt. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Acquittal Appeal - Standard of Proof - Section 302 Indian Penal Code, 1860 - The State appealed against acquittal of the accused for murder of his wife. The High Court held that the prosecution failed to prove the case beyond reasonable doubt due to lack of credible evidence, inconsistent testimonies of witnesses, and absence of motive. The acquittal was upheld as not perverse. (Paras 1-28) B) Evidence Law - Dying Declaration - Credibility - Section 32 Indian Evidence Act, 1872 - The alleged dying declaration was not recorded by a Magistrate or medical officer, and the deceased was in a critical condition. The court found it unreliable and not corroborated by other evidence. (Paras 12-15) C) Criminal Law - Motive - Absence of - Section 302 Indian Penal Code, 1860 - The prosecution failed to establish any motive for the accused to kill his wife. The court noted that the accused and deceased were living together and there was no evidence of prior enmity or dispute. (Paras 16-18) D) Evidence Law - Circumstantial Evidence - Incomplete Chain - Section 302 Indian Penal Code, 1860 - The prosecution relied on circumstantial evidence, but the chain of circumstances was incomplete and did not point unequivocally to the guilt of the accused. The court held that the benefit of doubt must go to the accused. (Paras 19-22)
Issue of Consideration
Whether the acquittal of the respondent-accused under Section 302 of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge was perverse and liable to be set aside.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent-accused.
Law Points
- Acquittal appeal
- standard of proof
- appreciation of evidence
- dying declaration
- motive
- circumstantial evidence
