Case Note & Summary
The appellant, Pramod Navneet Shirsat, was convicted by the Sessions Judge, Akola, for the murder of Pratibha under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The appellant appealed to the Bombay High Court. The prosecution case was that on 6th March 2011 at about 10 p.m., the appellant along with his parents caused the death of Pratibha, who was alleged to be his wife. However, the appellant disputed the marriage, and evidence from PW1 (mother of deceased) showed that Pratibha was married to one Jagdeo Nikhade three years prior and was deserted. There was no evidence of divorce. The trial court acquitted the parents of the appellant, and the State did not appeal that acquittal. The High Court heard arguments from both sides. The court found that the prosecution witnesses gave inconsistent testimony regarding the presence of the appellant at the scene. PW1 stated she saw the appellant running away, but PW2 (brother) did not mention the appellant's presence. The court held that the prosecution failed to prove the motive and the presence of the appellant beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Acquittal - The appellant was convicted for murder of his alleged wife. The prosecution failed to prove the marriage between appellant and deceased, and the evidence of witnesses was inconsistent regarding the presence of appellant at the scene. The court held that the prosecution did not prove its case beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of Pratibha is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Murder
- Section 302 IPC
- Acquittal
- Benefit of Doubt
- Inconsistent Testimony
- Lack of Motive
