Case Note & Summary
The appellant, Suresh Narayan Dakhore, was convicted by the Adhoc Additional Sessions Judge, Washim, for the murder of Laxman Ramkrushna Naik and sentenced to life imprisonment. The case arose from an FIR lodged by the deceased's brother, Eknath (PW1), alleging that the appellant, a close friend of the deceased, had lent him Rs. 1,000 and was pressuring him for repayment. On 16 July 2002, after a lunch at Hanuman Temple, the deceased and appellant remained at the temple while PW1 returned home. The deceased did not return, and his body was later found. The prosecution relied on circumstantial evidence, including the last seen theory, a dying declaration (Exh. 28) recorded by a police officer, and recovery of a weapon. The appellant challenged the conviction on grounds that the dying declaration was unreliable, the last seen evidence was insufficient, and the motive was not proved. The High Court analyzed the evidence and found that the dying declaration was recorded without a doctor's certification of the deceased's fitness, and the deceased was in a precarious condition. The court also noted that the prosecution failed to establish a complete chain of circumstances and that the motive was weak. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The appellant was convicted for murder of Laxman Ramkrushna Naik based on last seen evidence and recovery of weapon. The High Court held that the last seen theory alone, without corroboration and in the absence of a complete chain of circumstances pointing to guilt, cannot sustain a conviction. The prosecution failed to prove motive and the dying declaration was unreliable. (Paras 1-20) B) Evidence Act - Dying Declaration - Credibility - The dying declaration (Exh. 28) was recorded by a police officer without certification by a doctor regarding the deceased's mental fitness, and the deceased was in a precarious condition. The court held that such a dying declaration cannot be relied upon without proper safeguards. (Paras 15-18) C) Criminal Procedure Code - Appeal - Acquittal - Benefit of Doubt - The court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt due to the prosecution's failure to prove guilt beyond reasonable doubt. (Para 20)
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on circumstantial evidence and last seen theory is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- dying declaration
- credibility of witnesses
- benefit of doubt
