Case Note & Summary
The appellant, Jagadish Anant Narvekar, was convicted by the Additional Sessions Judge, Greater Mumbai for the murder of his aunt Sarita under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that on the night of 17-18 May 2003, the appellant killed Sarita with a chopper. He was apprehended on the spot and the weapon was seized. The prosecution examined three key witnesses: P.W.1 Virendra Ramakant Narvekar, P.W.2 Shyam Ramakant Narvekar, and P.W.3 Subhash Bajrang Dhanawade, along with medical evidence. The appellant pleaded not guilty. The trial court convicted him. On appeal, the appellant argued that there were no eye-witnesses, the witnesses were interested and reached after the incident, motive was not proved, and the blood on the weapon and clothes was of human origin but blood group could not be detected, so it was not incriminating. The State supported the conviction. The High Court analyzed the evidence and found that the prosecution failed to prove the charge beyond reasonable doubt. The court noted that the witnesses were not present at the time of assault, and the medical evidence did not identify the assailant. The court held that the conviction was based on insufficient evidence and set aside the trial court's judgment, acquitting the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires complete chain of circumstances pointing to guilt - In the present case, prosecution relied on testimony of interested witnesses who reached after the incident, and medical evidence did not identify the assailant - Held that conviction cannot be sustained as evidence is insufficient to prove guilt beyond reasonable doubt (Paras 1-7).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence and testimony of interested witnesses is sustainable.
Final Decision
The appeal is allowed. The judgment and order dated 6th May 2004 passed by the Additional Sessions Judge, Greater Mumbai in Sessions Case No. 255 of 2005 is quashed and set aside. The appellant is acquitted of the offence punishable under Section 302 of the Indian Penal Code. He is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- Interested witnesses
- Motive
- Medical evidence
- Proof beyond reasonable doubt
