Case Note & Summary
The appellant, Govind @ Gadlya Muka Waghe, was convicted by the Additional Sessions Judge, Kalyan in Sessions Case No. 100/99 for the murder of his wife Kanta under Section 302 of the Indian Penal Code, 1860 (IPC). The prosecution alleged that on 4-12-1998, following a quarrel while both were drunk, the appellant assaulted the victim with a spade and a stone. The incident was purportedly witnessed by one of the couple's daughters, who raised a cry. The appellant appealed against the conviction. The High Court, after re-appreciating the evidence, found that the testimony of the daughter was inconsistent and unreliable. The court noted that the daughter's statement under Section 164 CrPC contradicted her deposition in court. Additionally, the extra-judicial confession allegedly made by the appellant to a panch witness was not corroborated. 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 appellant was acquitted. The court directed that the appellant be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Appeal against conviction for murder of wife - Prosecution case based on daughter's testimony and extra-judicial confession - Evidence found inconsistent and unreliable - Held that conviction cannot be sustained and accused is entitled to acquittal (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Unreliable witnesses
- Acquittal in murder case
- Section 302 IPC
