Case Note & Summary
The State of Maharashtra appealed against the acquittal of Sunita Ramesh Kasabe and Sandeep Shivram Mahadik for the murder of Rupesh under Section 302 IPC. The prosecution alleged that on 7.7.1999, Rupesh found Sunita in a compromising position with an unknown person, leading to a quarrel. Later, Rupesh was found dead with injuries. The trial court acquitted the accused due to lack of credible evidence. The High Court, in appeal, examined the evidence and found that all material witnesses turned hostile, the dying declaration was not reliable, and the circumstantial evidence was insufficient. The court held that the prosecution failed to prove guilt beyond reasonable doubt and dismissed the appeal, upholding the acquittal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Acquittal - Appeal against acquittal - Prosecution case based on circumstantial evidence and dying declaration - All material witnesses turned hostile - Dying declaration not corroborated by medical evidence - Held that the trial court's acquittal was proper and no interference warranted (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondents for the offence under Section 302 IPC was justified based on the evidence on record.
Final Decision
Appeal dismissed; acquittal of respondents upheld.
Law Points
- Acquittal upheld
- prosecution failed to prove guilt beyond reasonable doubt
- hostile witnesses
- insufficient circumstantial evidence
- no corroboration of dying declaration
