Case Note & Summary
The appellant, Imtiyaz A. Rahiman Inamdar, was convicted by the 2nd Additional Sessions Judge, Solapur, for offences punishable under Sections 302 and 324 of the Indian Penal Code, 1860 (IPC) in Sessions Case No.186/1990. He was sentenced to life imprisonment and a fine of Rs.300/- for murder, and one month rigorous imprisonment for causing hurt. The appellant appealed against this conviction. The prosecution case was that the appellant's sister Hamida had married the deceased Iqbal against the appellant's wishes. The marital relationship soured, and Hamida returned to live with her mother and the appellant. On the day of the incident, the deceased Iqbal and his sister Mehmooda had gone to Dr. Kanagi's dispensary. The appellant allegedly entered the waiting hall with a dagger, caught Iqbal by the collar, and stabbed him. The prosecution examined eyewitnesses, including PW 3 Mumtaj and PW 4 Dr. Kanagi, but they turned hostile and did not support the prosecution case. The medical evidence showed a single stab wound, but the prosecution alleged multiple injuries. The court found that the motive was not proved, as the appellant's mother had consented to the marriage. The eyewitnesses were interested and their testimony was unreliable. The court held that the prosecution failed to prove its case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. His bail bonds were discharged.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Appeal against conviction - Prosecution case based on eyewitnesses who turned hostile - Motive not proved - Medical evidence inconsistent with prosecution story - Held that conviction cannot be sustained and appellant is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellant by the 2nd Additional Sessions Judge, Solapur in Sessions Case No.186/1990 are set aside. The appellant is acquitted of the offences punishable under Sections 302 and 324 of IPC. The appellant is on bail. His bail bonds are discharged.
Law Points
- Conviction cannot be based on uncorroborated testimony of interested witnesses
- Motive not proved
- Hostile witness testimony cannot be relied upon without corroboration
- Benefit of doubt must be given to accused
