Case Note & Summary
The appellant, Sunil Motiram Mohite, was convicted along with Purshottam Gharat (accused no.2) and others for the murder of a person under Section 302 read with 34 of the Indian Penal Code. The trial court sentenced them to life imprisonment. The appellant filed Criminal Appeal No.630 of 1994 before the Bombay High Court challenging his conviction. Meanwhile, Purshottam Gharat had filed a separate appeal (Criminal Appeal No.566 of 1994) which was allowed by a Division Bench of the same High Court on 26.10.1999, and he was acquitted. In the present appeal, the appellant's counsel argued that the role attributed to the appellant and the evidence against him were identical to that of Purshottam Gharat. The learned APP did not dispute this submission. The court perused the judgment in the co-accused's appeal and found that the role and evidence were indeed similar. Consequently, applying the principle of parity, the court held that the appellant was entitled to the same benefit and acquitted him. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Parity in Acquittal - Section 302 read with 34 Indian Penal Code, 1860 - The appellant and co-accused Purshottam Gharat were convicted for murder under Section 302 read with 34 IPC. The co-accused was acquitted by a Division Bench of the same High Court in Criminal Appeal No.566 of 1994 on 26.10.1999. The role attributed and evidence against both were identical. The court held that for the self-same reasons, the appellant also deserves to be acquitted. The appeal was allowed and the appellant was acquitted. (Paras 1-4)
Issue of Consideration
Whether the appellant, whose role and evidence are identical to a co-accused who has been acquitted, is entitled to acquittal on the ground of parity.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellant are set aside. The appellant is acquitted of the offences charged. He be set at liberty forthwith unless required in any other case.
Law Points
- Parity in criminal appeals
- Acquittal of co-accused on identical evidence
- Section 302 read with 34 IPC
