Case Note & Summary
The appellant, Shankar Maruti Bamne, was convicted by the Additional Sessions Judge, Pandharpur, for the murder of Ranganath Karande under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 4th December 2001 at about 6 a.m., the deceased went to his agricultural field for watering crops. The appellant came there with an axe and assaulted the deceased due to a dispute over drawing water from a common well. The sole eyewitness was P.W. 2 Gaurabai, the wife of the deceased, who claimed to have seen the assault. The appellant appealed against the conviction. The High Court examined the testimony of P.W. 2 Gaurabai and found it unreliable. The witness stated that she reached the field one hour after her husband, saw the assault, and then became unconscious. However, she also claimed that her son Vikas arrived immediately and she told him about the assault. The court noted that there was no positive evidence as to when she reached the field, and her testimony was inconsistent. The court held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was directed to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Sole Eyewitness Testimony - Section 302 Indian Penal Code, 1860 - Conviction based solely on testimony of sole eyewitness who is the wife of the deceased - Court held that the testimony of P.W. 2 Gaurabai was not free from suspicion and was inconsistent, as she claimed to have become unconscious but also stated she spoke to her son immediately after the incident - Held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt, and the appellant is entitled to benefit of doubt (Paras 4-6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based solely on the testimony of the sole eyewitness P.W. 2 Gaurabai is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant directed to be released forthwith unless required in any other case.
Law Points
- Sole eyewitness testimony must be reliable and free from suspicion
- Uncorroborated testimony of a related witness requires careful scrutiny
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
