Case Note & Summary
The appellant, Shabbir Abalal Mujawar, was convicted by the IVth Additional Sessions Judge, Kolhapur in Sessions Case No. 67 of 1995 for the murder of Baby, the wife of the complainant, under Section 302 read with Section 34 of the Indian Penal Code, 1860. The prosecution case was that on 1st December 1994, the deceased was assaulted by the appellant and other accused with kicks, fists, and a knife following an altercation at a water tap. The complainant, who was selling tea, was informed by his daughter Rehana and rushed to the spot, but the deceased was declared dead on arrival at the hospital. The appellant challenged his conviction on the ground that most of the prosecution witnesses had turned hostile, and the evidence was insufficient to prove guilt. The High Court, after scrutinizing the entire record, found that indeed many witnesses had turned hostile and their testimony did not support the prosecution case. The court noted that the prosecution had examined 12 witnesses, but the material witnesses did not corroborate the incident. Consequently, the court held that the prosecution failed to prove its case beyond reasonable doubt, and the appellant was entitled to acquittal. The appeal was allowed, and the conviction and sentence were set aside.
Headnote
A) Criminal Law - Murder - Hostile Witnesses - Sections 302, 34 Indian Penal Code, 1860 - Appeal against conviction - Appellant was convicted for murder of deceased Baby - Most prosecution witnesses turned hostile - Court held that when material witnesses turn hostile and their testimony is not corroborated by other reliable evidence, conviction cannot be sustained - Held that the prosecution failed to prove its case beyond reasonable doubt - Appeal allowed, conviction set aside (Paras 1-6).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code, 1860 is sustainable in law when most of the prosecution witnesses have turned hostile.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellant by the IVth Additional Sessions Judge, Kolhapur in Sessions Case No. 67 of 1995 are set aside. The appellant is acquitted of the charges. His bail bonds stand cancelled.
Law Points
- Hostile witness
- Benefit of doubt
- Acquittal
- Section 302 IPC
- Section 34 IPC
- Appreciation of evidence
