Case Note & Summary
The case pertains to a criminal appeal filed by six appellants against their conviction and sentence by the Additional Sessions Judge, Nandurbar, for offences under Sections 302 read with 149, 307 read with 149, and 147 of the Indian Penal Code (IPC). The appellants were also convicted under Section 148 IPC. The incident involved a dispute between two families over ancestral land, leading to an attack on the deceased Ruaji and his family. The prosecution examined eyewitnesses, including the widow of the deceased, but their testimony was found to be inconsistent and unreliable. The High Court, after hearing both sides, found that the evidence did not establish the guilt of the appellants beyond reasonable doubt. The court noted contradictions in the eyewitness accounts regarding the presence of the accused and the manner of attack. Consequently, the court set aside the conviction and acquitted all the appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Conviction based on inconsistent evidence - Appeal against conviction under Sections 302, 307, 147, 148, 149 IPC - The prosecution case relied on eyewitnesses whose testimony was found to be inconsistent and unreliable - The court held that the benefit of doubt must be given to the appellants as the prosecution failed to prove guilt beyond reasonable doubt (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 147, 148, 149 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence of the appellants are set aside. The appellants are acquitted of all charges. They are directed to be released forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Doubtful identification
- Failure to prove guilt beyond reasonable doubt
- Acquittal in criminal appeal
