Case Note & Summary
The appellant, Hariomdas Govinddas Bainade, was convicted by the learned Additional Sessions Judge, Aurangabad, for offences punishable under Sections 302 and 309 of the Indian Penal Code (IPC) in Sessions Case No. 26 of 2018. The prosecution case was that the appellant, a mason, suspected the chastity of his wife Kalpana and frequently beat her. On the intervening night of 04.10.2017 and 05.10.2017, Kalpana died due to burn injuries. The appellant was also found with burn injuries and was charged with murder and attempt to commit suicide. The trial court convicted the appellant based on circumstantial evidence, including last seen evidence and motive. The appellant challenged the conviction before the Bombay High Court. The High Court examined the evidence and found that the prosecution witnesses, including the informant Gendabai (PW-2), were unreliable and their testimonies were inconsistent. The court noted that the chain of circumstances was incomplete and the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on last seen evidence and motive, but the witnesses were unreliable and the chain of circumstances was incomplete - Held that conviction cannot be based on weak circumstantial evidence (Paras 1-20). B) Criminal Law - Attempt to Commit Suicide - Section 309 IPC - The appellant was also convicted for attempt to commit suicide, but the evidence was insufficient to prove the offence - Held that the conviction under Section 309 IPC is also unsustainable (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 309 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Circumstantial evidence
- Last seen theory
- Motive
- Section 302 IPC
- Section 309 IPC
- Benefit of doubt
