Case Note & Summary
The appellant, Balu Bapu Mane, was convicted by the IVth Additional Sessions Judge, Satara in Sessions Case No. 173/96 for the murder of a victim under Section 302 of the Indian Penal Code, 1860. The prosecution case was that there was enmity between the accused and the victim due to gram panchayat elections held on 25-11-1992, where the victim opposed the accused. The incident occurred on 22-6-1995, when the accused allegedly inflicted knife injuries on the victim's throat and body. The sole eyewitness was the victim's brother, an interested witness. The appellant appealed against the conviction. The High Court re-appreciated the evidence and found that the testimony of the interested witness was unreliable and lacked corroboration. The court noted that the enmity alleged was from three years prior and was insufficient to prove guilt beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Conviction based on sole testimony of interested witness - The appellant was convicted under Section 302 IPC for causing death by knife injuries - The prosecution relied solely on the evidence of the victim's brother, an interested witness, without any corroboration - The court held that the testimony of an interested witness requires independent corroboration to form the basis of conviction - In the absence of such corroboration, the conviction is unsustainable (Paras 1-4). B) Evidence Act - Appreciation of Evidence - Enmity as motive - The prosecution alleged enmity due to gram panchayat elections three years prior - The court observed that mere enmity, without reliable evidence linking the accused to the crime, cannot sustain a conviction - The long gap between the motive and the incident weakens the prosecution case (Paras 3-4).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) based on the testimony of a single interested witness is sustainable in law.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Bail bonds cancelled.
Law Points
- Conviction cannot be based on sole testimony of interested witness without corroboration
- Enmity alone is not sufficient to prove guilt beyond reasonable doubt
- Benefit of doubt must be given to accused when prosecution evidence is unreliable
