Case Note & Summary
The appellant, Limbaji s/o Ranghnath Salgar, was convicted under Section 302 IPC by the 2nd Additional Sessions Judge, Ambajogai, in Sessions Case No. 83 of 2011 for the murder of his wife Laxmibai. The prosecution alleged that on 16 June 2011 at about 8:45 a.m., the appellant inflicted axe blows on his wife, causing her death. The case was based on circumstantial evidence, including motive (the appellant suspected his wife of infidelity), last seen evidence (the appellant and his wife were seen together near the house), and recovery of the axe at the instance of the appellant. The appellant challenged his conviction before the Bombay High Court. The court examined the evidence and found inconsistencies in the testimonies of prosecution witnesses. The motive was weak, the last seen evidence was not reliable as the witnesses were not consistent, and the recovery of the axe was doubtful. The court held that the chain of circumstances was incomplete and the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife with an axe. The prosecution relied on circumstantial evidence including motive, last seen, and recovery of weapon. The court held that the chain of circumstances was incomplete and the evidence was inconsistent, leading to reasonable doubt. The conviction was set aside and the appellant was acquitted. (Paras 1-15) B) Evidence Act - Circumstantial Evidence - Standard of Proof - The court reiterated that in cases based on circumstantial evidence, the circumstances must be fully established and must form a complete chain pointing only to the guilt of the accused. Any missing link entitles the accused to benefit of doubt. (Paras 10-15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife is sustainable based on circumstantial evidence.
Final Decision
The appeal is allowed. The conviction and sentence recorded in Sessions Case No. 83 of 2011 by the 2nd Additional Sessions Judge, Ambajogai, are set aside. The appellant is acquitted of the offence under Section 302 IPC. He is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- benefit of doubt
- Section 302 IPC
- murder
- acquittal
