Case Note & Summary
The appellant, Vilas Shankar Bhilare, was convicted by the 2nd Ad-hoc Additional Sessions Judge, Raigad, for the murder of Anil Bhilare under Section 302 IPC and sentenced to life imprisonment. The prosecution alleged that the appellant suspected the deceased of having illicit relations with his wife, whom he had earlier been acquitted of murdering. On 22nd February 2003, both went to a common open place called chambhar kund, where the appellant allegedly attacked the deceased with a sickle, causing multiple injuries leading to death. The appellant then allegedly confessed to the Deputy Sarpanch, Rajaram Bhilare, and handed over the sickle. The High Court examined the evidence, particularly the extra-judicial confession, which was found to be unreliable due to inconsistencies in the testimony of the Deputy Sarpanch and lack of corroboration. The court also noted that the motive was weak and the recovery of the weapon was not properly proved. The chain of circumstantial evidence was incomplete. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Extra-judicial confession - Reliability - Extra-judicial confession made to Deputy Sarpanch must be voluntary and true - Court found the confession unreliable due to inconsistencies and lack of corroboration - Held that conviction cannot be based solely on an unreliable extra-judicial confession (Paras 1-10). B) Criminal Law - Circumstantial Evidence - Chain of circumstances - Prosecution must prove all circumstances leading to the guilt of the accused - In the present case, the chain was incomplete as the motive was weak and the recovery of weapon was not proved - Held that the accused is entitled to benefit of doubt (Paras 11-15).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on extra-judicial confession and circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Extra-judicial confession must be voluntary and true
- Circumstantial evidence must form complete chain
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
