Case Note & Summary
The appellant, Devidas Dattatraya Deshmukh, was convicted by the 4th Additional Sessions Judge, Pune, in Sessions Case No. 503/99 for the murder of Ankush Alam under Section 302 of the Indian Penal Code, 1860. The prosecution alleged that the appellant, along with another accused, attacked the deceased and injured Pandurang Alam due to suspicion of illicit relations between Pandurang and the appellant's wife. The complainant, Bajrang Alam, brother of the deceased, lodged the FIR. The trial court convicted the appellant, leading to this appeal. The High Court re-appreciated the evidence and found that the sole eyewitness, the complainant, gave contradictory statements and his testimony was not corroborated by other evidence. The medical evidence did not support the prosecution's version of the incident. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted. The court directed his release unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on doubtful identification and lack of credible evidence - The appellant was convicted for murder but the High Court found the evidence of the sole eyewitness unreliable due to contradictions and lack of corroboration - Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant 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 murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be released unless required in any other case.
Law Points
- Benefit of doubt
- Credibility of witnesses
- Identification of accused
- Circumstantial evidence
- Burden of proof
