Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 13th July 2001 passed by the learned Sessions Judge, Ratnagiri in Sessions Case No.52 of 2000, acquitting the respondent Pradeep Krishna Bhise for the offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC). The prosecution case was that on 15th December 1999, at about 12 p.m., the accused, armed with a knife (suri), came from his house abusing and threatening and gave a blow of knife on the left side of the abdomen of the deceased Anant Tukaram Bhise, as a result of which the deceased succumbed to injuries. The informant lodged a report with Police Station Ratnagiri on the basis of which Crime No.176 of 1999 under Sections 324, 504, 506 IPC was registered. However, during treatment the deceased died, and the accused was charged under Section 302 IPC. The trial court acquitted the accused. The High Court considered the appeal. The court noted that the sole eyewitness (PW1) turned hostile and did not support the prosecution case. The medical evidence (PW8 Doctor) indicated that the injury could not have been caused by the alleged knife. The recovery of the knife was also doubtful. The court held that the prosecution failed to prove its case beyond reasonable doubt. The judgment of acquittal was not perverse or unreasonable. The appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Acquittal Appeal - State appeal against acquittal - Prosecution case based on sole eyewitness who turned hostile - Medical evidence inconsistent with alleged knife blow - Held that acquittal cannot be interfered with unless perverse or unreasonable (Paras 1-25). B) Evidence Law - Hostile Witness - Credibility - Testimony of hostile witness cannot be relied upon without corroboration - Held that conviction cannot be based on uncorroborated testimony of a hostile witness (Paras 10-15). C) Criminal Law - Circumstantial Evidence - Inconsistencies - Medical evidence showing injuries not consistent with alleged weapon - Held that benefit of doubt must be given to accused (Paras 16-20).
Issue of Consideration
Whether the judgment of acquittal passed by the Sessions Court is perverse and liable to be set aside.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the learned Sessions Judge, Ratnagiri is upheld.
Law Points
- Acquittal appeal
- Section 302 IPC
- Murder
- Appreciation of evidence
- Hostile witness
- Medical evidence
- Circumstantial evidence
- Benefit of doubt
