Case Note & Summary
The appellant, Balu Kondiba Thengil, was convicted by the trial court for the murder of Apparao under Section 302 IPC and for house trespass under Section 452 IPC, sentenced to life imprisonment and one year rigorous imprisonment respectively. The prosecution case was that on 10 April 1989 at about 5 PM, accused Nos. 1 to 5 entered the house of the deceased and assaulted him with knives. The deceased's brother Mallinath was also assaulted. The deceased was pronounced dead at the hospital. The trial court convicted the appellant based solely on the testimony of Bhagirathi, the deceased's wife, who claimed to be an eyewitness. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found that the sole eyewitness's testimony was unreliable due to contradictions and improvements. The court noted that the witness had not mentioned the appellant's name in the FIR and her testimony was inconsistent with medical evidence. The court also considered the plea of alibi raised by the appellant, but found that it was not proved. However, since the prosecution's case was already weak, the failure to prove alibi did not help the prosecution. The court held that the conviction based on such shaky evidence was unsustainable and set aside the conviction and sentence, acquitting the appellant.
Headnote
A) Criminal Law - Murder - Sole Eyewitness Testimony - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder based solely on the testimony of the deceased's wife. The court found her testimony unreliable due to contradictions and improvements, and held that the conviction cannot be sustained on such shaky evidence. (Paras 1-5) B) Criminal Law - Plea of Alibi - Burden of Proof - The appellant raised a plea of alibi but failed to prove it on preponderance of probabilities. However, the prosecution's case was already weak, and the failure to prove alibi did not strengthen the prosecution's case. (Paras 4-5)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on the sole testimony of the eyewitness is sustainable when the eyewitness's testimony is unreliable and the plea of alibi raised by the appellant is not proved.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Sole eyewitness testimony must be reliable and trustworthy
- Plea of alibi must be proved by the accused on preponderance of probabilities
- Conviction cannot be based on unreliable testimony
