Case Note & Summary
The case involves two criminal appeals arising from Sessions Case No.143 of 2006. The appellant, Sahebrao Lukdu Jadhav (original accused no.2), was convicted under Section 302 IPC for murder and sentenced to life imprisonment. The original accused no.1, Kishor Sahebrao Jadhav, was convicted under Section 177 IPC for giving false information about a vehicular accident and sentenced to two years' simple imprisonment; he did not appeal as he had already undergone the sentence. The prosecution case was that on 16 September 2005, accused no.1 informed the police about a vehicular accident involving a motorcycle, leading to the death of Vijay. However, during investigation, it was alleged that the death was homicidal and that the appellant had caused the death. The trial court convicted the appellant based on circumstantial evidence and the testimony of an alleged eyewitness, PW-6. The appellant challenged his conviction. The High Court examined the evidence and found that the medical evidence did not conclusively prove homicidal death; the autopsy surgeon opined that the injuries could be caused by a vehicular accident. The eyewitness PW-6 gave inconsistent statements and was not reliable. The court held that the prosecution failed to prove the case beyond reasonable doubt, and the appellant was entitled to acquittal. The appeal was allowed, and the conviction and sentence were set aside. The appellant was ordered to be released forthwith unless required in any other case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Homicidal Death - The prosecution must prove homicidal death beyond reasonable doubt; where medical evidence does not rule out accidental death and eyewitness testimony is inconsistent, conviction cannot be sustained. Held that the appellant is entitled to benefit of doubt (Paras 1-20). B) Criminal Law - False Information - Section 177 IPC - The conviction of accused no.1 under Section 177 IPC for giving false information about a vehicular accident was not challenged and he had undergone the sentence (Para 2).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record, particularly in the absence of proof of homicidal death and reliable eyewitness testimony.
Final Decision
Appeal allowed. Conviction and sentence of appellant under Section 302 IPC set aside. Appellant acquitted and ordered to be released forthwith unless required in any other case.
Law Points
- Section 302 IPC
- Section 177 IPC
- Section 279 IPC
- Section 337 IPC
- Section 338 IPC
- Section 304-A IPC
- Section 184 Motor Vehicles Act
- circumstantial evidence
- last seen theory
- homicidal death
- benefit of doubt
