Case Note & Summary
The State of Maharashtra appealed against the judgment dated 13-10-1995 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 102 of 1995, which acquitted the respondent Sukdev Kalu Ubale of the charge of murder under Section 302 of the Indian Penal Code, 1860 (IPC). The prosecution case was that the complainant Balu Dhavalu Ubale, cousin brother of the deceased Mohan Kalu Ubale, alleged that the respondent had committed the murder. The complainant resided with his mother, wife, and brother, while the deceased lived with his wife and children. The High Court, after re-appreciating the evidence, found that the prosecution had failed to establish the motive and that the witnesses were interested and their testimony lacked credibility. The court noted material contradictions and inconsistencies in the prosecution's case. Consequently, the court upheld the acquittal, holding that the prosecution had not proved its case beyond reasonable doubt. The appeal was dismissed, and the respondent was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Acquittal - Prosecution failed to prove motive and relied on interested witnesses - Court held that the evidence of the complainant and other witnesses was not credible and there were material contradictions - Benefit of doubt given to the accused - Conviction set aside (Paras 1-4).
Issue of Consideration
Whether the conviction of the respondent under Section 302 of the Indian Penal Code, 1860 (IPC) for murder is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent. The respondent was acquitted of the charge under Section 302 IPC.
Law Points
- Acquittal in murder case
- lack of credible evidence
- failure to prove motive
- benefit of doubt
- Section 302 IPC
Case Details
2005 LawText (BOM) (07) 48
Criminal Appeal No. 247 of 1996 alongwith Criminal Application No. 2699 of 1996
V.G. Palshikar, R.C. Chavan
Shri D.R. More APP for the State, Mrs. Prajkta P. Shinde for the respondent
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Nature of Litigation
Criminal appeal against acquittal in a murder case
Remedy Sought
The State of Maharashtra sought reversal of the acquittal of the respondent for murder under Section 302 IPC
Filing Reason
The State was aggrieved by the judgment of the Additional Sessions Judge, Nashik acquitting the respondent
Previous Decisions
The Additional Sessions Judge, Nashik acquitted the respondent in Sessions Case No. 102 of 1995 on 13-10-1995
Issues
Whether the prosecution proved the guilt of the respondent beyond reasonable doubt for the offence of murder under Section 302 IPC
Submissions/Arguments
The appellant State argued that the trial court erred in acquitting the respondent despite sufficient evidence.
The respondent argued that the prosecution failed to prove motive and the witnesses were unreliable.
Ratio Decidendi
The prosecution must prove its case beyond reasonable doubt. In the absence of credible evidence and proof of motive, the accused is entitled to the benefit of doubt.
Judgment Excerpts
Being aggrieved by the judgment dated 13-10-1995 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 102 of 1995, the appellant has preferred this appeal.
With the assistance of the learned advocate appearing on behalf of the appellant and the learned APP, we have scrutinised the entire record, and re-appreciated the evidence both oral and documentary as is raised on the record before the Additional Sessions Judge.
Procedural History
The respondent was tried in Sessions Case No. 102 of 1995 before the Additional Sessions Judge, Nashik, who acquitted him on 13-10-1995. The State appealed to the High Court of Bombay, which dismissed the appeal on 11-07-2005.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
