Case Note & Summary
The case pertains to an appeal against the judgment and order of conviction and sentence passed by the 2nd Ad-hoc Additional Sessions Judge, Wardha in Sessions Case No.157 of 2003. The appellants, Manoj Nagrale, Ravindra Nagrale, and Jijabai Nagrale, were charged with the murder of Chandrabhan Moon and voluntarily causing hurt to his wife Sanghmitra (PW5) and daughter Subhashree (PW6) on 6.9.2003 at 18.00 hours at mouza Pathar. The trial court convicted appellant nos.1 and 2 for murder under Section 302 IPC and sentenced them to life imprisonment and fine, and convicted appellant nos.2 and 3 for voluntarily causing hurt under Section 323 IPC, sentencing them to one year RI and fine. Appellant no.3 was acquitted of the murder charge. The High Court, after hearing arguments, found that the evidence of the eyewitnesses PW5 and PW6 was inconsistent and their identification of the appellants was doubtful. The court noted contradictions in their testimonies regarding the number of assailants and the weapons used. The prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted all appellants of all charges. The court directed that the appellants be released forthwith if not required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Appellants convicted for murder of Chandrabhan Moon based on testimony of PW5 and PW6 - Evidence found inconsistent and identification doubtful - Held that prosecution failed to prove guilt beyond reasonable doubt, acquittal granted (Paras 1-10). B) Criminal Law - Voluntarily Causing Hurt - Section 323 IPC - Conviction Set Aside - Appellants convicted for causing hurt to PW5 and PW6 - Evidence unreliable due to contradictions and lack of corroboration - Held that conviction cannot be sustained (Paras 2-10).
Issue of Consideration
Whether the conviction of the appellants for murder under Section 302 IPC and for voluntarily causing hurt under Section 323 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order of conviction and sentence passed by the 2nd Ad-hoc Additional Sessions Judge, Wardha in Sessions Case No.157 of 2003 is set aside. The appellants are acquitted of all charges. They shall be released forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Doubtful identification
- Failure to prove guilt beyond reasonable doubt
- Acquittal in murder case
