Case Note & Summary
The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the respondents (original accused) of offences under Sections 302 and 392 read with Section 34 of the Indian Penal Code. The prosecution case was that on 5 July 1995, the deceased Sayali, a primary teacher, was on her way to school when accused No.3 diverted her path by claiming a snake was lying on the usual footpath. Thereafter, accused No.1 and No.2 caught her, made her fall, robbed her ornaments, and killed her by striking stones on her head and face. The dead body was found the next morning in a streamlet. The trial court acquitted all accused, finding the evidence of last seen, extra-judicial confession, and recovery of ornaments unreliable. The High Court, in appeal, examined the evidence afresh. The court noted that the last seen witnesses were not credible; the time of last seen was not proximate to the time of death. The extra-judicial confession allegedly made by accused No.1 to PW-5 was not corroborated and PW-5 was an interested witness. The recovery of ornaments under Section 27 of the Evidence Act was not from exclusive possession of the accused and the panch witnesses turned hostile. The court held that the chain of circumstances was incomplete and the trial court's view was a possible view. The appeal was dismissed, upholding the acquittal.
Headnote
A) Criminal Law - Murder and Robbery - Sections 302, 392 read with Section 34 of Indian Penal Code, 1860 - Appeal against acquittal - The State appealed against acquittal of accused for murder and robbery of a woman. The High Court held that the trial court's acquittal was not perverse as the evidence of last seen, recovery of ornaments, and extra-judicial confession was unreliable and did not form a complete chain of circumstances. The appeal was dismissed. (Paras 1-66) B) Evidence Law - Circumstantial Evidence - Last Seen Theory - The prosecution relied on last seen evidence but the witnesses were not reliable and the time gap was not proximate. The court held that mere last seen without other corroborative evidence is insufficient to convict. (Paras 20-30) C) Evidence Law - Extra-Judicial Confession - The alleged extra-judicial confession was not proved beyond doubt as the witnesses were interested and the confession was not corroborated. The court held that extra-judicial confession must be voluntary and reliable. (Paras 31-40) D) Evidence Law - Recovery of Stolen Articles - Section 27 of Indian Evidence Act, 1872 - The recovery of ornaments at the instance of accused was not credible as the witnesses turned hostile and the recovery was not from exclusive possession. The court held that recovery alone without other evidence is not sufficient. (Paras 41-50)
Issue of Consideration
Whether the acquittal of the accused by the trial court was perverse or based on misappreciation of evidence, and whether the appeal against acquittal should be allowed.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of all accused.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- chain of circumstances must be unbroken
- benefit of doubt when evidence is unreliable
- acquittal not to be reversed lightly
