Case Note & Summary
The appellant, Buvaji Sahadeo Hajare, was convicted by the Additional Sessions Judge, Satara for the murder of Pandurang Vithoba Hirave and Manubai Pandurang Hirave under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant had a motive due to a land dispute and a loan of Rs. 11,000, and that he was last seen with the deceased couple on the night of the incident. The sole eyewitness was the daughter of the deceased, PW5 Prabhavati, who claimed to have seen the appellant leaving the house after the murders. The High Court found that the evidence of PW5 was unreliable due to contradictions and improvements, and that the motive was weak. The court held that the chain of circumstances was incomplete and the prosecution failed to prove guilt beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory and motive, but the evidence of the last seen witness was unreliable due to contradictions and improvements, and the motive was weak and not proved beyond reasonable doubt - Held that the chain of circumstances was incomplete and the conviction was not sustainable (Paras 1-18). B) Evidence Law - Credibility of Witnesses - Interested Witnesses - The sole eyewitness was the daughter of the deceased, who was an interested witness and her testimony was not corroborated by independent evidence - Held that conviction cannot be based solely on the testimony of an interested witness without corroboration (Paras 10-15). C) Criminal Law - Benefit of Doubt - Acquittal - Where the prosecution fails to prove its case beyond reasonable doubt, the accused is entitled to the benefit of doubt - Held that the appeal was allowed and the appellant was acquitted (Paras 17-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for double murder based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- credibility of witnesses
- benefit of doubt
