Case Note & Summary
The appellant, Maroti Gangaram Kamble, was convicted by the Sessions Judge, Wardha in Sessions Trial No.157/2008 for the murder of his wife and daughter under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with a fine of Rs.2,000. The prosecution case was that on the date of the incident, the accused returned home in the afternoon while his parents were at work. In the evening, the bodies of his wife and daughter were found. The prosecution relied on the testimony of the accused's father, who claimed to have seen the accused with the deceased last. The accused appealed against the conviction. The High Court examined the evidence and found that the father's testimony was unreliable due to contradictions and improvements. The court noted that the father had a strained relationship with the accused and his testimony required corroboration, which was lacking. The court held that the chain of circumstances was incomplete and the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the accused was acquitted. The court directed that the accused be set at liberty forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Section 302 Indian Penal Code, 1860 - The prosecution relied on the testimony of the father of the accused who claimed to have seen the accused with the deceased last. The court found the witness unreliable due to contradictions and improvements, and held that the chain of circumstances was incomplete. The conviction was set aside and the accused was acquitted. (Paras 1-10) B) Evidence Law - Witness Credibility - Interested Witness - The sole eyewitness was the father of the accused, who had a strained relationship with the accused. The court held that his testimony required corroboration, which was lacking. The acquittal was based on the benefit of doubt. (Paras 5-9)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) based on circumstantial evidence and the testimony of the sole eyewitness is sustainable.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted. Fine, if paid, to be refunded. Appellant to be set at liberty forthwith unless required in any other case.
Law Points
- Circumstantial evidence
- Last seen theory
- Homicide
- Burden of proof
- Benefit of doubt
