Case Note & Summary
The appellant, Kalu @ Mahindra Ravindra Waghmare, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 302, 427, and 451 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment for murder and fines for other offences. The incident occurred on 2 April 1992 at about 10:30 p.m. in Ramnagar, Bopkhel village, where the complainant and deceased Dnyaneshwar were waiting for their brother Krishna. Three accused persons and one Ganesh stopped Krishna and demanded money for liquor, leading to a quarrel. The accused allegedly assaulted the complainant and his brothers with sticks and hockey sticks. The appellant, being accused no.3, appealed against his conviction. The High Court examined the evidence and found inconsistencies in the testimonies of prosecution witnesses, particularly regarding the identification of the appellant. The court noted that the evidence was not reliable enough to sustain the conviction. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Murder - Benefit of Doubt - Indian Penal Code, 1860, Sections 302, 427, 451 - Appeal against conviction - Appellant convicted for murder and other offences - Evidence of prosecution witnesses found inconsistent and unreliable - Identification of appellant doubtful - Court held that prosecution failed to prove guilt beyond reasonable doubt - Conviction set aside and appellant acquitted (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 427, and 451 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Circumstantial evidence
- Section 302 IPC
- Section 427 IPC
- Section 451 IPC
