Case Note & Summary
The appellants, Vishwas @ Guddu Rajesh Dahiwale, Kamlesh @ Kamya Kalidas Patil, and Suraj Raju Manwatkar, were convicted by the trial court for the murder of Rakesh Ramteke under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The prosecution alleged that on 28.9.2015, the deceased had a quarrel with the accused, and on 29.9.2016, at around 11:30 pm, the complainant (wife of the deceased) and her children witnessed the accused assaulting the deceased with logs and wooden stumps. The complainant attempted to intervene but was threatened. The deceased succumbed to injuries. The appellants challenged the conviction before the Bombay High Court. The court examined the evidence of the eyewitnesses, including the complainant and her children, and found material inconsistencies and contradictions in their testimonies. The medical evidence did not fully support the manner of assault described by the witnesses. The court also noted that the prosecution failed to establish motive or last seen theory beyond reasonable doubt. The court held that the evidence was unreliable and the prosecution had not proved its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 read with 34 IPC - Appeal against conviction - Appellants convicted for murder of Rakesh Ramteke - Prosecution case based on eyewitness account of complainant and her children - Court found material inconsistencies and contradictions in testimonies of prosecution witnesses - Held that evidence of eyewitnesses was unreliable and not corroborated by medical evidence or other circumstances - Conviction set aside and appellants acquitted (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 of the IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Unreliable witnesses
- Circumstantial evidence
- Last seen theory
- Motive
- Common intention
