Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order dated 22.12.1995 passed by the 2nd Additional Sessions Judge, Aurangabad in Sessions Case No.118/1993, acquitting the accused for offences punishable under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860. The prosecution case was that the deceased Keshavrao Kuber was murdered by the accused due to a land dispute. The deceased was last seen with the accused, and his body was found in a well. The trial court acquitted the accused, finding the evidence insufficient. The High Court, in appeal, examined the evidence and found that the prosecution failed to prove the case beyond reasonable doubt. The last seen theory was not reliable due to contradictions in the testimony of witnesses. The motive was not strong enough. The court held that the trial court's findings were plausible and not perverse, and therefore, the appeal was dismissed. The appeal abated qua respondent no.3 due to death and was dismissed as against respondent nos.4 and 5 earlier.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory and motive to prove the murder of Keshavrao Kuber. The court held that the evidence of last seen was not reliable due to contradictions and lack of corroboration, and the motive was weak. The chain of circumstances was incomplete, and the acquittal was upheld. (Paras 1-20) B) Criminal Law - Appeal Against Acquittal - Scope of Interference - The court reiterated that in an appeal against acquittal, the appellate court should not interfere unless the findings are perverse or unreasonable. The trial court's appreciation of evidence was plausible, and no interference was warranted. (Paras 1-20)
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 302 and 201 read with 34 of the Indian Penal Code, 1860 was justified based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the trial court is confirmed. The appeal abated qua respondent no.3 due to death and was dismissed as against respondent nos.4 and 5 earlier.
Law Points
- Appreciation of evidence in criminal appeal against acquittal
- Circumstantial evidence
- Last seen theory
- Motive
- Section 302 IPC
- Section 201 IPC
- Section 34 IPC
