Case Note & Summary
The appellant, Sunil Rajabhau Chavan, was convicted by the Sessions Judge, Solapur on 19/5/1994 in Sessions Case No.99 of 1993 for the murder of his first cousin Sanjay, son of Manik Chavan, under Section 302 IPC and sentenced to life imprisonment and a fine of Rs.1000/-. The incident occurred on 23rd March 1992 at about 2.30 p.m. in the house of the deceased. The appellant and deceased were first cousins, and there was a property dispute between their fathers. Three years prior, the appellant's father Rajabhau was murdered, and the deceased and his father Manik were convicted for that murder but released on bail. The prosecution's case rested primarily on the testimony of PW-1, the deceased's mother, who claimed to have witnessed the stabbing. However, her evidence was found to be inconsistent with the medical evidence regarding the number of injuries and the weapon used. Other witnesses turned hostile or did not support the prosecution. The High Court, after analyzing the evidence, found that the sole eyewitness's testimony was unreliable and lacked corroboration. The court noted that the medical evidence did not match the eyewitness account, and there were material contradictions. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Sole Eyewitness Testimony - The appellant was convicted for murder of his cousin based on testimony of PW-1, the deceased's mother. The court found her testimony unreliable due to contradictions with medical evidence and lack of corroboration from other witnesses. Held that conviction cannot be sustained on such weak evidence (Paras 1-10). B) Evidence Act - Appreciation of Evidence - Section 3 - Unreliable Witness - The court held that when a sole eyewitness's testimony is inconsistent with medical evidence and other circumstances, it cannot form the basis of conviction. The prosecution must prove guilt beyond reasonable doubt (Paras 5-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on the testimony of a sole eyewitness is sustainable when the witness's evidence is inconsistent and uncorroborated.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Conviction based on sole eyewitness testimony requires corroboration if testimony is unreliable
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
- Circumstantial evidence must form complete chain
