Case Note & Summary
The appellants, Sushila Nehru Shirke and Pushpa Shivaji Shirke, were convicted by the Additional Sessions Judge, Pune for offences under Sections 451 and 302 read with Section 34 of the Indian Penal Code, 1860 for committing house trespass and murder of Hirabai. The appellants are wives of the victim's husband's brothers. The prosecution alleged that on 3 January 1994, the appellants entered the house of the deceased Hirabai and murdered her. The case was based on circumstantial evidence, primarily the testimony of the sole eyewitness, PW-1, who claimed to have seen the appellants entering the house and later heard cries. The High Court found that the conduct of PW-1 was unnatural, as she did not raise an alarm or seek help despite being nearby. The court also noted inconsistencies in the evidence regarding the time of death and the recovery of the weapon. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. The appeal was allowed, the conviction was set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Credibility of Witnesses - The prosecution relied on last seen evidence and motive, but the conduct of the sole eyewitness was found unnatural and her testimony unreliable - The court held that where the evidence of a witness is unnatural and improbable, it cannot form the basis of conviction - The appeal was allowed and the appellants were acquitted (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants for house trespass and murder under Sections 451 and 302 read with Section 34 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellants acquitted.
Law Points
- Circumstantial evidence
- credibility of witnesses
- unnatural conduct
- motive
- last seen theory
- burden of proof
Case Details
2005 LawText (BOM) (08) 46
Criminal Appeal No.177 of 1997
V.G. Palshikar, R.C. Chavan
Shri B.R. Patil with Shri B.S. Kate for appellants, Mr. B.H. Mehta, APP for State
Sushila Nehru Shirke and Pushpa Shivaji Shirke
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Nature of Litigation
Criminal appeal against conviction for house trespass and murder
Remedy Sought
Appellants sought acquittal from conviction under Sections 451 and 302 read with Section 34 of IPC
Filing Reason
Appellants were convicted by Additional Sessions Judge, Pune for murder of Hirabai
Previous Decisions
Conviction by Additional Sessions Judge, Pune
Issues
Whether the evidence of the sole eyewitness is credible and reliable?
Whether the prosecution has proved the guilt of the appellants beyond reasonable doubt?
Submissions/Arguments
Appellants argued that the evidence of PW-1 is unnatural and unreliable, and the prosecution failed to prove motive and last seen.
State argued that the evidence of PW-1 is consistent and the circumstances point to the guilt of the appellants.
Ratio Decidendi
The court held that the conduct of the sole eyewitness was unnatural and improbable, and therefore her testimony could not be relied upon to convict the appellants. The prosecution failed to prove the guilt beyond reasonable doubt.
Judgment Excerpts
Appellants have challenged their conviction and the resultant sentences imposed upon him by the learned Additional Sessions Judge, Pune for offences of committing house trespass by entering into the house of deceased Hirabai and murdering Hirabai, punishable under sections 451 and 302 read with section 34 of the Penal Code.
Appellants are wives of victim’s husband’s brothers.
Procedural History
The appellants were convicted by the Additional Sessions Judge, Pune. They appealed to the High Court of Judicature at Bombay.
Acts & Sections
- Indian Penal Code, 1860: 451, 302, 34
