Case Note & Summary
The appellants, Datta Ganpat Chandode and Shivram Vitthal Bhise, were convicted by the Sessions Judge, Nanded, for the murder of Dilip Shyamrao Gaikwad under Section 302 read with Section 34 IPC. The prosecution case was that on 15 June 2009, between 9 and 10 pm, the appellants caused the death of Dilip in a field at village Digras. The deceased was an agricultural labourer working for Gangadhar Nevarkar. On the day of the incident, the deceased's wife, Sayabai, had brought him meals in the field and returned home at 6 pm. The deceased did not return. The prosecution examined 16 witnesses, including the wife and other alleged eyewitnesses. The trial court convicted the appellants based on the testimony of PW 9 (wife) and PW 10 (another witness) who claimed to have last seen the deceased with the appellants. However, the High Court found significant inconsistencies in the testimonies. The wife's statement under Section 164 CrPC did not mention seeing the appellants with the deceased. PW 10's testimony was also contradictory regarding the time and place. The court noted that the medical evidence did not support the prosecution's timeline. The High Court held that the prosecution failed to establish a complete chain of circumstances and that the evidence was not credible. Consequently, the appeal was allowed, the conviction was set aside, and the appellants were acquitted. The court emphasized that in cases based on circumstantial evidence, the circumstances must be conclusively proved and must exclude every hypothesis of innocence.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - The prosecution relied on last seen evidence and motive, but the witnesses were inconsistent and unreliable - The court held that the chain of circumstances was not complete and the prosecution failed to prove guilt beyond reasonable doubt - Benefit of doubt given to appellants (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellants acquitted.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Credibility of witnesses
- Circumstantial evidence
- Last seen theory
- Motive
