Case Note & Summary
The case pertains to an appeal against the judgment and order dated 30th October 1996 passed by the Additional Sessions Judge, Raigad at Alibag in Sessions Case No.167 of 1994, convicting appellant No.1 for the offence under Section 302 IPC and sentencing him to life imprisonment and a fine of Rs.500, and appellant No.2 to two years rigorous imprisonment and a fine of Rs.200. The prosecution case was that on 15th May 1994, the complainant Baban Pandurang Kolambe had excavated sand from the Ulhas river, and the accused allegedly removed the sand. The incident led to a quarrel and the death of a person. The appellants challenged the conviction on grounds of inconsistent evidence and doubtful identification. The High Court analyzed the evidence and found that the prosecution witnesses gave contradictory statements, and the identification of the accused was not reliable. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Benefit of Doubt - Appellants convicted for murder based on alleged eyewitness account - Evidence found inconsistent and unreliable - Identification of accused doubtful - Held that prosecution failed to prove guilt beyond reasonable doubt, conviction set aside (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. Bail bonds cancelled. Appellants to be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Circumstantial evidence
- Section 302 IPC
