Case Note & Summary
The appellant, Hanmant Shankar Salunkhe, was convicted by the 5th Additional Sessions Judge, Satara, for the murder of his daughter Shailaja under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The case was based on circumstantial evidence. The appellant was a habitual drunkard and had frequent quarrels with his wife Kalpana and children. On 5/11/2003, he returned home drunk and quarreled. The next morning, Shailaja went to a stream called 'Shivecha Odha' to collect wood and did not return. Her body was found with head injuries caused by stones. The prosecution alleged that the appellant killed her due to animosity. The High Court examined the evidence and found that the chain of circumstances was incomplete. The motive was not proved, and there was no direct evidence linking the appellant to the crime. The court held that the prosecution failed to prove guilt beyond reasonable doubt and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his daughter based on circumstantial evidence. The court held that the prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the accused. The motive alleged was weak and not proved beyond reasonable doubt. The conviction was set aside and the appellant was acquitted. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Circumstantial evidence
- motive
- chain of circumstances
- reasonable doubt
- acquittal
