Case Note & Summary
The appellant, Nafis Taufiq Shaikh, was convicted by the 5th Adhoc Additional Sessions Judge, Pune, for the murder of his step-mother Parveen and half-brother Salim under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant, resenting his father's second marriage, stabbed Salim and Parveen on 10.9.2002. The appellant surrendered at the police station. The trial court relied on the dying declaration of Parveen (Exhibit 27) and circumstantial evidence. On appeal, the Bombay High Court found that the dying declaration was recorded by a police officer without certification of fitness by a doctor, and there were contradictions between the dying declaration and the testimony of Taufiq (PW2). The court noted that the motive was weak and the chain of circumstances was incomplete. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on dying declaration and circumstantial evidence - Appeal against conviction - The appellant was convicted for murder of his step-mother and half-brother. The court found material inconsistencies in the dying declaration and lack of corroboration. The prosecution failed to prove motive and the chain of circumstances was incomplete. Held that the conviction cannot be sustained and the appellant is entitled to acquittal (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted and ordered to be released forthwith.
Law Points
- Benefit of doubt
- Inconsistencies in prosecution evidence
- Failure to prove motive
- Dying declaration reliability
- Circumstantial evidence
