Case Note & Summary
The appellant, Mohammad Umar Hafij, was convicted by the II Ad hoc Additional Sessions Judge, Thane, for the murder of Najmunnisa under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 27 August 1995 at Ambewadi, Thane, where the deceased was stabbed on her chest and face with a knife. The FIR was lodged by Sultan (PW3), the brother of the deceased, based on information from his niece Shabnam (PW4). The appellant absconded after the incident and was arrested in 2001 from Uttar Pradesh. The prosecution relied on the testimony of PW4 Shabnam as an eyewitness, recovery of a knife from the spot, and the appellant's absconding. The chemical analysis report showed blood stains on the deceased's clothes but no blood on the weapon. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found that PW4's testimony was inconsistent and unreliable. She had given contradictory statements regarding the time of the incident and the identity of the assailant. The recovery of the weapon was not linked to the appellant, and the fact of absconding alone could not establish guilt. The court held that the prosecution failed to prove the case beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Acquittal - Appeal against conviction - The appellant was convicted for murder of Najmunnisa based on testimony of PW4 Shabnam, an alleged eyewitness, and other circumstantial evidence. The court found PW4's testimony unreliable due to inconsistencies and lack of corroboration. The recovery of weapon and absconding were insufficient to prove guilt. Held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant is entitled to acquittal. (Paras 1-10) B) Evidence Law - Witness Testimony - Credibility - The sole eyewitness PW4, a child witness, gave contradictory statements and was not corroborated by other evidence. The court held that her testimony was not trustworthy and could not form the basis of conviction. (Paras 5-8) C) Criminal Procedure - Appeal - Acquittal - The High Court, in appeal, found that the trial court's judgment was based on conjectures and surmises. The conviction was set aside and the appellant was ordered to be released. (Paras 9-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. He is ordered to be released forthwith unless required in any other case.
Law Points
- Murder
- Section 302 IPC
- Acquittal
- Benefit of Doubt
- Unreliable Witness
- Inconsistent Testimony
- Absconding Evidence
- Circumstantial Evidence
