Case Note & Summary
The appellant, Biru Vithoba Shejal, was convicted by the II Ad-hoc Additional Sessions Judge, Pandharpur, for the murder of his wife Rukmini and son Dagadu by throttling them in a drain on 5th April 2004, and for causing disappearance of evidence. He was sentenced to life imprisonment under Section 302 IPC and three years rigorous imprisonment under Section 201 IPC. The case was based entirely on circumstantial evidence, including motive, last seen evidence, extra-judicial confession, and recovery of clothes. The High Court, in appeal, examined the evidence and found that the prosecution failed to establish the motive, as the alleged illicit relationship of the deceased wife was not proved. The last seen evidence was unreliable because the witnesses were not independent and their testimonies were inconsistent. The extra-judicial confession allegedly made to the complainant (PW1) was not corroborated and was not voluntary. The recovery of clothes was not linked to the crime. The court held that the circumstances did not form a complete chain pointing to the guilt of the appellant and that the prosecution had not proved its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The court directed that the appellant be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 201 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the circumstances must be fully established and must form a complete chain pointing to the guilt of the accused - In the present case, the prosecution failed to prove motive, last seen theory, and extra-judicial confession beyond reasonable doubt - Held that the appeal must be allowed and the appellant acquitted (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty forthwith unless required in any other case.
Law Points
- Circumstantial evidence must form complete chain
- motive not essential but relevant
- extra-judicial confession requires corroboration
- last seen theory requires proximity in time and place
