Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent-accused, Subhash s/o Zingaji Khade, who was charged with murder under Section 302 of the Indian Penal Code. The deceased, Domaji, had two sons, Punjab and Shrikrishna. Shrikrishna was married to Rajkanya, who was alleged to have illicit relations with the accused. Four to five days before the incident, Shrikrishna pretended to go to Katepurna for marketing but returned home and found Rajkanya missing. He sent his niece Chandralekha to find her, who discovered Rajkanya at the accused's house in a compromising position. The accused allegedly threatened Chandralekha not to disclose this. On the day of the incident, the deceased Domaji was found dead with injuries. The prosecution's case was based on circumstantial evidence: motive (illicit relations), last seen (the deceased was seen with the accused), extra-judicial confession (accused confessed to PW4), and dying declaration (deceased named the accused before dying). The trial court acquitted the accused, finding the evidence insufficient. The High Court upheld the acquittal, noting that the dying declaration was not reliable as it was not recorded by a Magistrate and the deceased was not in a fit state of mind. The extra-judicial confession was not proved beyond doubt as the witness did not disclose it promptly. The chain of circumstances was incomplete, and the prosecution failed to prove guilt beyond reasonable doubt. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The prosecution relied on circumstantial evidence including motive, last seen, extra-judicial confession, and dying declaration. The court held that the chain of circumstances was not complete and the evidence was not credible. The dying declaration was not reliable as it was not recorded by a Magistrate and the witnesses were interested. The extra-judicial confession was not proved beyond doubt. The appeal against acquittal was dismissed. (Paras 1-10) B) Evidence Law - Dying Declaration - Reliability - Section 32 Indian Evidence Act, 1872 - The dying declaration was made to a police officer and not recorded by a Magistrate. The court held that such a declaration must be scrutinized with caution. In this case, the dying declaration was not reliable as the deceased was not in a fit state of mind and the witnesses were interested. (Paras 6-8) C) Criminal Law - Extra-Judicial Confession - Proof - The extra-judicial confession alleged to have been made by the accused to PW4 was not proved beyond reasonable doubt. The court noted that the witness did not disclose the confession to anyone for several days, which cast doubt on its veracity. (Para 9)
Issue of Consideration
Whether the acquittal of the accused for the offence of murder under Section 302 IPC is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The acquittal of the respondent/accused is confirmed.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- motive
- last seen theory
- extra-judicial confession
- dying declaration
- Section 302 IPC
- acquittal appeal
- interference with acquittal
