Case Note & Summary
The case arises from the murder of Damu, a history sheeter and country liquor maker, on 10th August 2002 at 7:30 a.m. in village Virsi. The prosecution alleged that the appellants, along with others, conspired and murdered Damu. Three sessions trials were conducted, resulting in convictions. The appeals before the Bombay High Court challenged the convictions. The court heard arguments and perused the record. The sole eye witness, P.W.3 Uttam, claimed to have seen the incident, but his testimony was found to be inconsistent and not corroborated by other witnesses, including P.W.1 Dnyaneshwar (brother of deceased) and P.W.2 (who turned hostile). The court noted that the deceased was a history sheeter and had enmity with many, but the prosecution failed to prove the involvement of the appellants beyond reasonable doubt. The court also found that the recovery of weapons was not properly linked to the accused. Consequently, the court allowed the appeals, set aside the convictions, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Sole Eye Witness - Testimony of sole eye witness P.W.3 Uttam was found unreliable due to contradictions and lack of corroboration by other witnesses - Held that conviction cannot be based on such testimony (Paras 10-15). B) Criminal Law - Conspiracy - Section 120B IPC - No independent evidence of conspiracy - Alleged conspiracy not proved beyond reasonable doubt - Held that charge under Section 120B IPC fails (Para 16). C) Criminal Law - Arms Act - Sections 4 and 25 - Recovery of weapons not linked to accused - No credible evidence of possession or use - Held that charges under Arms Act not established (Para 17).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC and other charges is sustainable based on the testimony of a sole eye witness and other circumstantial evidence.
Final Decision
Both criminal appeals are allowed. The impugned judgments and orders of conviction are set aside. The appellants are acquitted of all charges. Their bail bonds stand discharged.
Law Points
- Appreciation of evidence
- Testimony of sole eye witness
- Corroboration
- Section 302 IPC
- Section 34 IPC
- Section 120B IPC
- Arms Act
