Case Note & Summary
The appellant, Vandana Mankar, was convicted by the Sessions Judge, Chandrapur, for the murder of her husband Yogesh Mankar under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 7th July 2011, the appellant killed her husband by hitting him on the head with an axe while he was sleeping. The brother of the deceased, Ramesh Mankar (PW2), testified that the appellant confessed to him that she killed her husband because he suspected her character and used to quarrel and beat her. The police investigated, seized the axe and other articles, and filed a charge sheet. The appellant pleaded not guilty. The trial court convicted her based on the extra-judicial confession and circumstantial evidence. On appeal, the High Court examined the evidence and found that the extra-judicial confession was not reliable as it was not corroborated by any independent witness or other evidence. The court noted that the circumstances did not form a complete chain pointing to the appellant's guilt. The court held that the prosecution failed to prove the case beyond reasonable doubt and that the appellant was entitled to the benefit of doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Extra-judicial Confession - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of her husband based on an alleged extra-judicial confession to the brother of the deceased. The court held that the extra-judicial confession was not reliable as it was not corroborated by other evidence and the circumstances did not conclusively point to the guilt of the appellant. The court found that the prosecution failed to prove the case beyond reasonable doubt. (Paras 1-5) B) Criminal Law - Circumstantial Evidence - Benefit of Doubt - Section 302 Indian Penal Code, 1860 - The case rested on circumstantial evidence and the alleged extra-judicial confession. The court held that the chain of circumstances was incomplete and the appellant was entitled to the benefit of doubt. The conviction was set aside and the appellant was acquitted. (Paras 5-6)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Extra-judicial confession
- Circumstantial evidence
- Burden of proof
- Benefit of doubt
