Case Note & Summary
The appellant, Dada Nivrutti Tikote, was convicted by the Sessions Court for the murder of his wife Pushpa under Section 302 of the Indian Penal Code, 1860. The prosecution alleged that on 7 December 2000 at about 10 am, the appellant fatally assaulted Pushpa with a pickaxe in his cousin Janardhan's house. The appellant was arrested the same day and charged. The prosecution relied on six witnesses, including PW2 Jaibai, who claimed to have witnessed the crime but retracted her statement in court and was declared hostile. PW1, the complainant, was informed of the incident at 11:15 am by Dattatraya Shivaji Parkale. The High Court noted the slipshod investigation, observing that the police failed to use scientific methods and that the investigation appeared designed to favour the appellant, who was a police constable. The court found that the prosecution failed to prove its case beyond reasonable doubt, as the sole eyewitness turned hostile and there was no other reliable evidence. Consequently, the court acquitted the appellant, setting aside the conviction and sentence of life imprisonment.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Slipshod Investigation - The court acquitted the appellant due to the investigating agency's lackadaisical attitude and failure to avail scientific facilities, leading to a conclusion that the investigation was designed to favour the accused, a police constable. The sole eyewitness turned hostile, and the prosecution failed to prove guilt beyond reasonable doubt. (Paras 1-4) B) Evidence Law - Hostile Witness - Retraction of Statement - The sole eyewitness (PW2) retracted her statement in court and was declared hostile. The court held that without corroboration, her earlier statement could not form the basis of conviction. (Paras 3-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 is sustainable in light of the slipshod investigation and retraction of the sole eyewitness.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Hostile witness
- Slipshod investigation
- Lack of corroboration
- Acquittal
