Case Note & Summary
The appellant, Gelsing Pida Pawar, was convicted by the learned Ad hoc Additional Sessions Judge, Amalner in Sessions Case No. 13 of 2006 for the offences punishable under Sections 302 and 324 of the Indian Penal Code, 1860 (IPC). He was sentenced to life imprisonment for murder and two years rigorous imprisonment for causing hurt, with fines. The appellant challenged the conviction before the Bombay High Court. The prosecution case was that the appellant, at his residence in Lasur, committed murder of his son and caused hurt to his wife, P.W.1 Sumanbai. The High Court examined the evidence, particularly the testimonies of P.W.1 Sumanbai and P.W.6 Suresh, the son. The court found the evidence to be inconsistent and unreliable. The prosecution failed to establish a clear motive or provide consistent eyewitness accounts. The court noted that the appellant was entitled to the benefit of doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Inconsistent Evidence - The appellant was convicted for murder of his son and causing hurt to his wife - The High Court found the prosecution evidence inconsistent and unreliable, particularly the testimonies of the wife and son - Held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-10). B) Criminal Law - Hurt - Conviction under Section 324 IPC - Lack of Corroboration - The conviction for causing hurt was based on the same unreliable evidence - Held that the conviction cannot be sustained (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order dated 22.2.2008 passed by the learned Ad hoc Additional Sessions Judge, Amalner in Sessions Case No.13 of 2006 is set aside. The appellant is acquitted of all charges. His bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Lack of motive
- Failure to prove guilt beyond reasonable doubt
- Acquittal in murder case
