Case Note & Summary
The appellants, Shahaji Ramchandra Girigosavi and another, were convicted by the Additional Sessions Judge, Sangli in Sessions Case No. 72 of 1999 for the murder of Ramachandra, who was the father of appellant no.1 and husband of appellant no.2. The prosecution alleged that on the night of 31-10-1998 and 1-11-1998, a quarrel occurred between the deceased and the appellants, leading to the death of Ramachandra. The complainant, Yeshwant, brother of the deceased, lodged a complaint stating that the deceased was addicted to liquor and used to fight with his wife and son (the appellants) for the last seven years. The trial court convicted the appellants under Section 302 read with Section 34 IPC. The appellants appealed to the High Court. The High Court, after re-appreciating the evidence, found that the prosecution witnesses, including the complainant and panch witnesses, gave contradictory and inconsistent statements. The dying declaration was not proved. The court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Benefit of Doubt - The prosecution case rested on circumstantial evidence and testimony of interested witnesses. The court found material inconsistencies and contradictions in the evidence of key witnesses, including the complainant and the panch witnesses. The dying declaration was not proved. Held that the prosecution failed to prove its case beyond reasonable doubt, and the appellants are entitled to acquittal. (Paras 1-10)
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
Appeal allowed. Conviction set aside. Appellants acquitted. They be set at liberty forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Circumstantial evidence
- Credibility of witnesses
- Inconsistencies in prosecution case
- Presumption of innocence
