Case Note & Summary
The case pertains to an appeal against the conviction of four appellants under Section 302 read with Section 34 of the Indian Penal Code (IPC) for the murder of Ravis, the son of the first informant. The prosecution alleged that on 13 October 2005, the appellants, including the deceased's tractor driver Ankush Chapte, assaulted Ravis with sticks and axes, causing his death. The trial court convicted all appellants and sentenced them to life imprisonment. On appeal, the Bombay High Court examined the evidence, particularly the testimonies of PW1 (father) and PW2 (wife), who claimed to be eye-witnesses. The court found their testimonies inconsistent, contradictory, and lacking corroboration from independent witnesses. The medical evidence did not align with the alleged assault. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellants were entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Appeal against conviction - Appellants convicted for murder of deceased Ravis - Prosecution relied on testimony of father (PW1) and wife (PW2) as eye-witnesses - Court found their testimony unreliable due to contradictions and improvements - No corroboration from independent witnesses - Medical evidence did not support prosecution version - Held that conviction cannot be sustained and appellants are entitled to acquittal (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The impugned judgment and order of conviction dated 22.01.2014 passed by the Additional Sessions Judge, Udgir, District Latur in Sessions Case No. 59 of 2005 is set aside. The appellants are acquitted of the offences charged. Their bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Circumstantial evidence
- Last seen theory
- Testimony of interested witnesses
- Corroboration
- Section 302 IPC
- Section 34 IPC
