Case Note & Summary
The appellant, Sanjay Madhukar Kharade, was convicted by the Additional Sessions Judge, Solapur, under Section 302 of the Indian Penal Code, 1860, for the murder of the victim on 6.7.2000. The prosecution case was that a quarrel occurred between the accused and the victim, during which the victim threw a tile from the terrace that hit the accused's mother. Enraged, the accused took a scissor from the victim's shop and stabbed him. The trial court convicted the appellant and sentenced him to life imprisonment. The appellant appealed to the Bombay High Court. The High Court, with the assistance of the appellant's advocate and the Public Prosecutor, scrutinized the record and reappreciated the evidence. The court found that the prosecution examined seven witnesses, including two eye-witnesses (PW-2 Laxmi, mother of the victim, and PW-3 Ramesh). However, the court noted inconsistencies in their testimonies and the absence of independent public witnesses. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eye-witness testimony - The appellant was convicted for murder under Section 302 IPC. The High Court, on reappreciation of evidence, found inconsistencies in the testimonies of eye-witnesses and noted the absence of independent public witnesses. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-4).
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
The appeal is allowed. The conviction and sentence imposed by the trial court are set aside. The appellant is acquitted of the charge under Section 302 IPC.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Absence of public witness
- Reappreciation of evidence
- Section 302 IPC
