Case Note & Summary
The appellants, Shrimant @ Wantya s/o Mokinda Pawar and Dashrath s/o Shrimant Pawar, were convicted by the trial court for the murder of one person under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment. They appealed against the conviction. The prosecution case was that on 25-07-2012 at about 9:00 p.m., the appellants assaulted the deceased with sticks and stones, causing his death. The motive alleged was a land dispute between the families. The prosecution examined several witnesses, including the alleged last seen witness (PW-4) and the wife of the deceased (PW-1). However, PW-4 turned hostile and did not support the prosecution. PW-1's testimony was found to be contradictory and unreliable. The medical evidence did not conclusively link the injuries to the appellants. The High Court, after re-appreciating the evidence, found that the prosecution failed to establish a complete chain of circumstances pointing to the guilt of the appellants. The court held that the last seen theory was not proved beyond reasonable doubt, and the benefit of doubt must be given to the appellants. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. They were directed to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory and circumstantial evidence to convict the appellants under Section 302 read with Section 34 IPC. The court held that the evidence of the last seen witness was unreliable due to contradictions and lack of corroboration, and the chain of circumstances was incomplete, thereby granting benefit of doubt to the appellants (Paras 1-25). B) Evidence Law - Credibility of Witnesses - Hostile Witness - The court noted that the sole eyewitness turned hostile and the other witnesses were not credible, leading to the conclusion that the prosecution failed to prove its case beyond reasonable doubt (Paras 10-20).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They be released forthwith unless required in any other case.
Law Points
- Murder
- Circumstantial Evidence
- Last Seen Theory
- Credibility of Witnesses
- Benefit of Doubt
- Section 302 IPC
- Section 34 IPC
