Case Note & Summary
The appellant, Rajesh Bhaurao Sadanshiv, was convicted by the 2nd Ad-hoc Additional Sessions Judge, Akola in Sessions Trial No. 153 of 2005 for the murder of his wife under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The case of the prosecution was that on 29 August 2005, the appellant murdered his wife by assaulting her with a stick. The FIR was lodged by Mahadeo Suryabhan Dhokne, the uncle of the deceased, who was informed by Balu Sapkal. The prosecution examined several witnesses, including the informant and panch witnesses. The trial court convicted the appellant based on circumstantial evidence, including last seen evidence and recovery of the weapon. The appellant appealed to the High Court. The High Court analyzed the evidence and found that the prosecution's case suffered from inconsistencies and contradictions. The identification of the appellant was doubtful, and the witnesses were not reliable. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - The appellant was convicted for murder of his wife. The prosecution relied on last seen evidence and recovery of weapon. The court found the evidence inconsistent and unreliable, particularly the identification of the accused and the lack of credible witnesses. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-15).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Circumstantial evidence
- Burden of proof
