Case Note & Summary
The appellants, Yusuf Alamash Daryavardi (appellant No.1) and Arjun Bhima Jadhav (appellant No.2), were convicted by the Sessions Court, Sangli, for offences under Section 302 IPC (murder) and Section 325 read with Section 34 IPC (grievous hurt), respectively. The deceased, Parashuram Babu Koli, was the uncle of PW-1 Maruti Koli, who was the sole eyewitness to the incident. The prosecution alleged that on the date of the incident, appellant No.1 assaulted the deceased with a stick, and appellant No.2 also participated in the assault. The trial court convicted appellant No.1 for murder and sentenced him to life imprisonment, while appellant No.2 was convicted for grievous hurt and sentenced to two years' rigorous imprisonment and a fine. The appellants appealed to the Bombay High Court. The High Court examined the evidence, particularly the testimony of PW-1 Maruti Koli, and found it to be unreliable. The court noted that PW-1's testimony contained inconsistencies and improvements, and there was no corroboration from medical evidence or other witnesses. The court also observed that the prosecution had not examined other available witnesses. Consequently, the High Court held that the conviction was not sustainable and allowed the appeal, setting aside the convictions and sentences of both appellants.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Sole Eyewitness - Conviction under Section 302 IPC based on sole testimony of PW-1 Maruti Koli, who was the nephew of the deceased - Testimony found unreliable due to inconsistencies, improvements, and lack of corroboration by medical evidence - Held that conviction cannot be sustained on such shaky evidence (Paras 1-10). B) Criminal Law - Hurt - Section 325 IPC - Conviction of appellant No.2 under Section 325 r/w Section 34 IPC - No appeal by prosecution against acquittal of appellant No.2 for murder - Court did not go into that aspect (Para 1).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 325 read with Section 34 IPC is sustainable based on the sole testimony of PW-1 Maruti Koli.
Final Decision
Appeal allowed. Convictions and sentences of both appellants set aside. Appellants acquitted of all charges.
Law Points
- Appreciation of evidence
- Credibility of sole eyewitness
- Corroboration of testimony
- Section 302 IPC
- Section 325 IPC
- Section 34 IPC
