Case Note & Summary
The appellant, Chandrakant alias Bandu Shankar Salunke, was convicted by the Sessions Judge, Pune, for the offence of murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The case arose from an incident on 16 October 1990, where the deceased was found injured on the road. The prosecution alleged that the appellant, along with others, was present at the scene and was seen washing a swordstick. The sole eyewitness, Subhash Bhoir, claimed to have seen the appellant with the weapon. However, the High Court found several inconsistencies in the prosecution case. The witness's testimony was not corroborated by other witnesses, and the medical evidence did not match the alleged weapon. The court noted that the appellant had been granted bail earlier and had absconded, but that did not prove guilt. The court held that the prosecution failed to prove its case beyond reasonable doubt, and the conviction was based on unreliable evidence. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on unreliable evidence - Appeal against conviction - Prosecution case rested on sole eyewitness whose testimony was inconsistent and contradicted by other witnesses - Medical evidence did not support the prosecution version - Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Inconsistencies in prosecution case
- Credibility of witnesses
- Circumstantial evidence
- Section 302 IPC
