Case Note & Summary
The appellant, Sanjay Pundlik Parkar, was convicted by the Additional Sessions Judge, Sawantwadi, in Sessions Case No. 3 of 1991 for the murder of his wife, Jayashree, and sentenced to imprisonment. The prosecution case was that on 20 March 1990, the deceased's body was found in a jungle near a water tank in Talgaon village. The appellant, being the husband, reported the body, and initially an accidental death case was registered. During investigation, suspicion fell on the appellant, and he was charge-sheeted for murder. At trial, the prosecution examined only two witnesses: PW-1 Raghunath Sawant, a panch witness called for recovery of an axe, who turned hostile and did not support the prosecution; and PW-2 Shashikant Rane, a head constable who spoke about the investigation but not about the appellant's guilt. The trial court convicted the appellant based on circumstantial evidence. On appeal, the Bombay High Court reappreciated the evidence and found that the prosecution had failed to prove any incriminating circumstance against the appellant. The only material witness turned hostile, and there was no other evidence linking the appellant to the crime. The court held that the conviction was unsustainable and that the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Hostile Witness - Indian Penal Code, 1860, Section 302 - Appeal against conviction for murder of wife - Prosecution case based entirely on circumstantial evidence - Only two witnesses examined, one panch witness turned hostile and did not support recovery of axe - Other witness, a police constable, deposed about investigation but not about guilt - Held that conviction cannot be sustained on such weak evidence, accused entitled to benefit of doubt (Paras 3-5).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on circumstantial evidence is sustainable when the sole material witness turned hostile and no other evidence links the accused to the crime.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence
- hostile witness
- benefit of doubt
- acquittal
