Case Note & Summary
The appellant, Bharat Khade, was convicted under Section 302 of the Indian Penal Code for the murder of Dattu Khade, the father of the complainant, by inflicting axe blows during a land dispute. The incident occurred on 15 March 2005 when the complainant, her husband, and the deceased were reaping crops. The appellant and others allegedly attacked them with sticks, stones, and an axe. The trial court convicted the appellant but acquitted co-accused. On appeal, the High Court examined the evidence of eyewitnesses and medical reports. It found significant inconsistencies in the testimonies of the complainant and her husband regarding the sequence of events and the role of the appellant. The medical evidence showed only one incised wound on the deceased, while the prosecution alleged multiple axe blows. The court held that the prosecution failed to prove the appellant's guilt beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - Appeal against conviction - The appellant was convicted for murder of Dattu Khade by inflicting axe blows. The High Court found material inconsistencies in the testimonies of eyewitnesses and contradictions with medical evidence regarding the number and nature of injuries. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt and acquitted him. (Paras 1-15) B) Evidence Law - Appreciation of Evidence - Inconsistencies - Benefit of Doubt - The court noted that the eyewitnesses gave varying accounts of the incident and the medical evidence did not fully support the prosecution case. Such discrepancies create reasonable doubt, entitling the accused to acquittal. (Paras 10-15)
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
The appeal is allowed. The conviction and sentence of the appellant under Section 302 of the Indian Penal Code are set aside. The appellant is acquitted of the charge. His bail bonds stand cancelled.
Law Points
- Conviction under Section 302 IPC requires proof beyond reasonable doubt
- Inconsistencies in witness testimony and medical evidence create doubt
- Benefit of doubt must be given to accused
