Case Note & Summary
The appellant, Sadanand Kashiram Salvi, was convicted by the Additional Sessions Judge, Ratnagiri for the murder of his wife Sangeeta under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that on 22/02/2003, the appellant suspected his wife of having an affair with one Sameer Salvi and murdered her by stabbing. The deceased was found lying in a pool of blood in the bathroom. The appellant was arrested and a knife was recovered at his instance. The trial court convicted him based on circumstantial evidence including motive, last seen, and recovery of the weapon. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found that the prosecution failed to prove the circumstances beyond reasonable doubt. The motive was weak as the alleged affair was not proved. The last seen evidence was unreliable as the witnesses were interested and their testimony was inconsistent. The recovery of the knife was not corroborated by independent witnesses and the knife was not sent for forensic examination. The court held that the chain of circumstances was incomplete and the conviction could not be sustained. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the circumstances must be fully established and must form a complete chain pointing only to the guilt of the accused - In the present case, the prosecution relied on motive, last seen, and recovery of knife, but the evidence was insufficient and unreliable - Held that the appeal must be allowed and the appellant 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 and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence must be complete and point only to guilt
- Suspicion cannot replace proof
- Last seen theory requires proximity in time and place
- Motive alone insufficient for conviction
- Recovery of weapon must be corroborated by independent evidence
