Case Note & Summary
The appellant, Mohammed Yakub @ Aku Shafi Mohd. Khan, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.378/1998 for the murder of Ajimulla @ Jumman Mohd. Munir under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on the intervening night of 19.12.1997 and 20.12.1997, the appellant committed murder of the deceased by means of hammer and iron weight of 5 Kgs. and also by strangulation. The deceased was a coolie who used to sleep in a gala owned by Mohd. Taqui (PW1) and Siraj (PW2), who were partners in a scrap business. On 20.12.1997, Siraj found the deceased lying dead with head injuries and a lungi tied around his neck. He informed Taqui, who lodged an FIR. After five days, the accused was arrested as a suspect. The trial court convicted the appellant based on circumstantial evidence, including last seen evidence and an extra-judicial confession. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found that the last seen witness was not reliable and the extra-judicial confession was not corroborated by other evidence. The court held that the chain of circumstances was not complete and did not point only to the guilt of the accused. The court also noted that the prosecution failed to prove the motive. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The prosecution relied on last seen evidence and extra-judicial confession - The court held that the chain of circumstances must be complete and must point only to the guilt of the accused - In this case, the last seen witness was unreliable and the extra-judicial confession was not corroborated - Held that the conviction cannot be sustained (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- Last seen theory requires corroboration
- Extra-judicial confession must be voluntary and reliable
- Benefit of doubt must be given when prosecution fails to prove guilt beyond reasonable doubt
