Case Note & Summary
The appellant, Balu Nilkhant Khandare, was convicted by the Ist Adhoc Additional Sessions Judge, Thane, for the murder of his wife Usha under Section 302 IPC and for cruelty under Section 498A IPC. The prosecution case was that on 4th August 2003, the appellant assaulted his wife with kicks, fist blows, and a utensil holder, and pushed her onto a hot plate, causing burn injuries. The deceased died the next morning. The appellant initially reported an accidental death. During investigation, the police claimed that the appellant made an extra-judicial confession to a panch witness and that the deceased had made a dying declaration to her mother. However, at trial, the panch witness turned hostile, and the mother's testimony regarding the dying declaration was inconsistent. The medical evidence showed that the cause of death was head injury, but the prosecution could not establish how the head injury occurred. The High Court found that the chain of circumstances was incomplete and that the prosecution had failed to prove its case beyond reasonable doubt. The court also noted that the appellant had been in custody since 2003 and had already served over seven years. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Chain of Circumstances - The prosecution must establish a complete chain of circumstances pointing only to the guilt of the accused - In the present case, the evidence of the alleged extra-judicial confession and dying declaration was found unreliable, and the medical evidence did not support the prosecution's case - Held that the conviction was not sustainable (Paras 10-15). B) Criminal Law - Dowry Death - Section 498A IPC - Cruelty - The prosecution failed to prove that the deceased was subjected to cruelty by the appellant - The witnesses turned hostile and there was no independent evidence - Held that the conviction under Section 498A IPC was also not sustainable (Paras 16-18).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 498A of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. He be set at liberty forthwith unless required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- benefit of doubt
- Section 302 IPC
- Section 498A IPC
- dying declaration
- extra-judicial confession
- medical evidence
- ocular evidence
