Case Note & Summary
The appellants, Popat @ Bhujangrao Bhausaheb Mahurkar, Sou. Vandana Popat Mahurkar, and Kum. Meena Bhausaheb Mahurkar, were convicted by the V Ad-hoc Additional Sessions Judge at Pune in Sessions Case No. 156 of 2002 for the murder of Baban Mahurkar under Section 302 read with Section 34 IPC and sentenced to life imprisonment. They appealed to the Bombay High Court. The prosecution case was that on 1 February 2002 at around 12:15 p.m., the deceased and the accused, who were relatives and had adjacent agricultural lands, were harvesting jawar. PW1 Babasaheb Sanas heard shouts and saw a quarrel between the accused and the deceased. He claimed that accused no.1 sat on the deceased's chest and assaulted him with stones, joined by accused nos.2 and 3. When he tried to intervene, accused no.3 threatened him. PW2 Gorakh Atkari also claimed to have seen the incident. However, the High Court found material inconsistencies between the testimonies of PW1 and PW2 regarding the time, the exact location, and the role of each accused. The medical evidence showed only one injury on the head, which was not consistent with multiple stone blows. The court noted that the prosecution failed to explain why PW1 did not immediately report the incident and why there was a delay in lodging the FIR. The court also observed that the alleged threat by accused no.3 was not corroborated. Considering these discrepancies, the court held that the prosecution had not proved its case beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. Accused no.1, who was in custody, was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Benefit of Doubt - Appeal against conviction for murder - Eyewitnesses gave contradictory versions regarding the incident and the role of each accused - Medical evidence did not corroborate the alleged assault with stones - Held that the prosecution failed to prove its case beyond reasonable doubt, and the appellants are entitled to acquittal (Paras 1-10).
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. Accused no.1 to be released forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistencies in prosecution case
- Eyewitness testimony credibility
- Medical evidence contradiction
- Circumstantial evidence insufficiency
