Case Note & Summary
The State of Maharashtra and the first informant filed an appeal and a revision application respectively against the judgment and order dated 15/11/1994 of the IInd Additional Sessions Judge, Satara, acquitting the respondent-accused Maruti Gulabrao Bhosale of the offence of murder under Section 302 of the Indian Penal Code, 1860 (IPC) in Sessions Case No.121 of 1989. The prosecution case was that on the night of 21/5/1989 at about 9 p.m., the deceased Balasaheb Niwrutti Pisal was assaulted in front of his house. The deceased had returned from work and was residing with his joint family. The accused, brother of one Popat Bhosale who had died in a truck accident driven by the deceased about a year earlier, allegedly used to ask for money from the deceased and hold out threats. On the night of the incident, the accused called out the deceased, and the deceased's sister Sangita went to the door but the accused wanted the deceased to come out. The prosecution examined several witnesses including the sister Sangita, the father, and other family members, but their testimonies were found to be contradictory and inconsistent. The trial court acquitted the accused giving him the benefit of doubt. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove the motive and that the dying declaration was not corroborated. The court held that the trial court's view was plausible and not perverse, and therefore dismissed the appeal and the revision application, upholding the acquittal.
Headnote
A) Criminal Law - Murder - Acquittal - Appeal against acquittal - State appeal challenging acquittal under Section 302 IPC - Prosecution case based on circumstantial evidence and oral testimony - Court found material contradictions and inconsistencies in prosecution witnesses - Held that the trial court's view was plausible and not perverse - Appeal dismissed (Paras 1-10). B) Evidence Law - Dying Declaration - Credibility - Dying declaration recorded by Executive Magistrate - Witnesses present at the time of incident not examined - Dying declaration not corroborated by other evidence - Held that the dying declaration alone cannot be the basis for conviction without corroboration (Paras 5-8). C) Criminal Law - Motive - Failure to prove - Prosecution alleged motive of revenge for death of accused's brother in truck accident - No direct evidence of demand for money or threats - Held that motive not established beyond reasonable doubt (Paras 3-4).
Issue of Consideration
Whether the acquittal of the respondent-accused for the offence of murder under Section 302 IPC was justified given the evidence on record.
Final Decision
The High Court dismissed the appeal and the revision application, upholding the acquittal of the respondent-accused for the offence of murder under Section 302 IPC.
Law Points
- Acquittal upheld
- lack of credible evidence
- failure to prove motive
- benefit of doubt
- circumstantial evidence
- oral testimony
- corroboration
- dying declaration
- extra-judicial confession
- last seen theory
