Case Note & Summary
The case pertains to the murder of Dnyandeo Thakare, who was allegedly assaulted by two accused, Laxman Bhatkar and Devidas Wankhede, on 6th April 2009. The prosecution case was based on the testimony of the deceased's wife Sindhubai (PW1) and daughter Yogita (PW7), who claimed to have witnessed the assault. The trial court convicted both accused under Section 302 read with Section 34 IPC and sentenced them to life imprisonment. On appeal, the High Court examined the evidence and found that the eyewitnesses were interested and their testimony suffered from material contradictions. The medical evidence showed only one injury on the deceased, inconsistent with the alleged multiple assaults. The recovery of weapons was also doubtful. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted both accused, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Appreciation of Evidence - Related Witnesses - Testimony of wife and daughter of deceased, being interested witnesses, requires careful scrutiny and corroboration - In the present case, the evidence of PW1 and PW7 was found to be unreliable due to contradictions and inconsistencies with medical evidence and other circumstances - Held that conviction cannot be based solely on such testimony (Paras 10-15). B) Criminal Law - Circumstantial Evidence - Inconsistency with Medical Evidence - The prosecution's case that the deceased was assaulted with a stick and axe was not supported by the medical evidence which showed only one injury - The alleged recovery of weapons was not credible - Held that the chain of circumstances was incomplete and the benefit of doubt must be given to the accused (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the testimony of interested witnesses and lack of corroborative evidence.
Final Decision
Both appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Appreciation of evidence of related witnesses
- Corroboration of testimony
- Circumstantial evidence
- Benefit of doubt
