Case Note & Summary
The appellant, Prabhakar Pandurang Tambe, was convicted by the Additional Sessions Judge, Greater Bombay, for the murder of Rajendra Ingawale under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that on 19 March 1998, the accused and the deceased were known to each other. At about 9:30 PM, the accused left his house after dinner, stating he would go to remove lighting at a birthday party. Around midnight, PW3 Ganesh Shinde heard shouts of 'chor chor' and saw the accused assaulting the deceased with a knife. The deceased succumbed to injuries. The accused appealed against the conviction. The High Court examined the evidence, particularly the testimony of PW3, the sole eyewitness. The court found that PW3's testimony contained material contradictions and improvements, and his identification of the accused was doubtful given the time and circumstances. The medical evidence did not fully support the prosecution's version. The court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the accused was acquitted. The court directed that the accused be set at liberty unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on sole eyewitness - Testimony of PW3 found unreliable due to contradictions and improvements - Court held that conviction cannot be sustained on doubtful identification and inconsistent evidence (Paras 1-10). B) Evidence Law - Last Seen Theory - Circumstantial Evidence - Prosecution failed to prove last seen beyond reasonable doubt - Court held that mere presence of accused near scene not sufficient to draw adverse inference (Paras 11-15). C) Criminal Procedure - Appeal against conviction - Benefit of doubt - Accused entitled to acquittal when prosecution fails to prove guilt beyond reasonable doubt - Held that conviction set aside and appellant acquitted (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on the testimony of a sole eyewitness and circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Bail bonds cancelled. Appellant to be set at liberty unless required in any other case.
Law Points
- Circumstantial evidence
- Last seen theory
- Identification of accused
- Credibility of sole eyewitness
- Benefit of doubt
