Case Note & Summary
The appellant, Smt. Indubai Arjun Wagh, was convicted by the Additional Sessions Judge at Vasai in Sessions Case No.65 of 2009 for the murder of Ganesh, a relative staying with her. The prosecution alleged that on the early morning of 13th June 2009, the appellant and her juvenile son assaulted the deceased with a pawada and stick after he misbehaved with her minor daughter Suvarna. The appellant and her son informed the Police Patil, who lodged an FIR. The trial court convicted the appellant under Section 302 IPC and sentenced her to life imprisonment. On appeal, the High Court examined the evidence. The prosecution examined eight witnesses, but the key witnesses, including the inquest panch witnesses, turned hostile. The medical evidence showed only two minor abrasions, which were not sufficient to cause death. No chemical analysis reports were produced. The court found that the prosecution failed to establish the cause of death or connect the appellant to the crime. The conviction was based on weak circumstantial evidence, and the appellant was given the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on circumstantial evidence - Prosecution failed to prove guilt beyond reasonable doubt - The appellant was convicted for murder of deceased Ganesh, but the only eyewitnesses turned hostile, and the medical evidence did not support the prosecution case - Held that the conviction cannot be sustained and the appellant is entitled to acquittal (Paras 1-6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The conviction and sentence passed by the Additional Sessions Judge at Vasai in Sessions Case No.65 of 2009 are set aside. The appellant is acquitted of the offence punishable under Section 302 IPC. She shall be released forthwith unless required in any other case.
Law Points
- Murder
- Circumstantial Evidence
- Hostile Witness
- Benefit of Doubt
- Section 302 IPC
- Section 374(2) CrPC
Case Details
2011 LawText (BOM) (04) 65
Criminal Appeal No.186 of 2011
B. H. Marlapalle, A.M. Thipsay
Mr. Yogesh B. Rawool, Mr. S.S. Redekar, Dr. F.R. Shaikh
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Nature of Litigation
Criminal appeal against conviction and sentence for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellant was convicted and sentenced to life imprisonment for murder.
Previous Decisions
Trial court convicted the appellant on 18th February 2011 in Sessions Case No.65 of 2009.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence on record.
Submissions/Arguments
Appellant argued that the prosecution failed to prove the case beyond reasonable doubt, as key witnesses turned hostile and medical evidence did not support the cause of death.
Respondent argued that the conviction was based on the evidence of the Police Patil and the circumstances.
Ratio Decidendi
The prosecution must prove its case beyond reasonable doubt. When the key witnesses turn hostile and the medical evidence does not establish the cause of death, the conviction cannot be sustained. The benefit of doubt must be given to the accused.
Judgment Excerpts
The prosecution examined in all 8 witnesses. P.W.2-Dhaneshwar Chandar Lokhande and P.W.3-Rahul Sahebrao Bedekar, who were witnesses for inquest panchanama at Exhibit 13 had turned hostile.
No C.A. Reports were placed on record.
P.W.7-Dr. Milind Marotrao Ghuge stated before the trial Court that when he conducted the autopsy he had found the following two injuries on the person of the deceased:- 1. Abrasion 3 ½ x 2 cm., over left elbow joint. 2. Abrasion 3 x 2 cm., over left knee joint.
Procedural History
The appellant was convicted and sentenced on 18th February 2011 by the Additional Sessions Judge at Vasai in Sessions Case No.65 of 2009. She filed Criminal Appeal No.186 of 2011 before the Bombay High Court. The appeal was admitted on 18th March 2011 and heard finally on 15th April 2011. Judgment was pronounced on 20th April 2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
- Code of Criminal Procedure, 1973 (CrPC): 374(2)
