Case Note & Summary
The appellant, Gajanan Shivram Karve, was convicted by the Sessions Court, Bombay in S.C. Case No.707 of 2001 for the murder of a victim under Section 302 of the Indian Penal Code, 1860. The prosecution alleged that the accused and victim were friends, and about 4-5 months prior to the incident, the accused had thrown eggs on the victim. On 4 February 2001 at about 7 pm, the victim threw an egg on the accused's face near Saibaba Mandir. The accused left but returned with a kerosene bottle, splattered its contents on the victim, and set him on fire. The victim's brother, Chandrakant, extinguished the fire. The accused was arrested and tried. The High Court, upon reappreciating the evidence, found numerous discrepancies and contradictions. The FIR (Exhibit 28) was recorded on 4.2.2001 at 8.45 pm but lacked the victim's signature and any endorsement from a doctor. The court noted that the evidence of the alleged eyewitnesses was inconsistent and unreliable. Consequently, the court held that the prosecution had failed to prove its 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 unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction set aside - The appellant was convicted for murder based on alleged dying declaration and eyewitness testimony. The court found the evidence inconsistent and unreliable, noting that the FIR lacked the victim's signature and medical endorsement, and the eyewitnesses gave contradictory accounts. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant is entitled to acquittal. (Paras 1-3)
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 unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Unreliable witnesses
- Dying declaration
- Section 302 IPC
