Case Note & Summary
The appellant, Parulben Mahendrabhai Godani, was convicted by the learned Additional Sessions Judge, Surat in Sessions Case No. 150/2016 for the murder of her sister-in-law, Reshma Devendrabhai Godani, under Sections 302, 326, 394, 201, 120(B) of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act. The prosecution alleged that on 30/01/2016, the accused, harbouring enmity over previous jewellery disputes, assaulted the deceased with a wooden stick (dhoka) while she was asleep, causing fatal injuries, and later poured acid on her body. The case was based entirely on circumstantial evidence, including an extra-judicial confession, last seen theory, motive, and recovery of the weapon. The High Court, hearing the appeal under Section 374 CrPC, scrutinized the evidence and found that the extra-judicial confession made to a witness was unreliable due to inconsistencies and lack of corroboration. The last seen theory was weak as the accused and deceased lived in the same house, and the time gap was not proximate. The motive of jewellery disputes was not sufficiently proved. The recovery of the wooden stick was not credible as the panch witnesses turned hostile and the weapon was not sent for forensic examination. The court held that the prosecution failed to prove its case beyond reasonable doubt and that the chain of circumstantial evidence was incomplete. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 326, 394, 201, 120(B) Indian Penal Code, 1860 - The court examined whether the chain of circumstantial evidence was complete and pointed only to the guilt of the accused. Held that the prosecution failed to establish a complete chain, as the extra-judicial confession was unreliable, the last seen theory was weak, and the recovery of the weapon was not conclusively linked to the accused. (Paras 1-26) B) Evidence Law - Extra-judicial Confession - Credibility - The court considered the extra-judicial confession allegedly made by the accused to a witness. Held that such confession must be corroborated by other evidence and found it unreliable due to inconsistencies and lack of independent corroboration. (Paras 10-15) C) Criminal Law - Last Seen Theory - Applicability - The court analyzed the principle of last seen together. Held that mere presence of the accused with the deceased without proximity in time and place is insufficient to draw an inference of guilt. (Paras 16-18) D) Criminal Law - Motive - Sufficiency - The court examined the motive of alleged taunts regarding jewellery. Held that motive alone, without strong corroborative evidence, cannot sustain a conviction. (Paras 19-20) E) Criminal Law - Recovery of Weapon - Section 27 Indian Evidence Act, 1872 - The court assessed the recovery of a wooden stick (dhoka) at the instance of the accused. Held that the recovery was not credible as the weapon was not sent for forensic analysis and the panch witnesses turned hostile. (Paras 21-23)
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 326, 394, 201, 120(B) IPC and Section 135 of the Gujarat Police Act based on circumstantial evidence is sustainable in law.
Final Decision
Appeal allowed. The judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Surat in Sessions Case No. 150/2016 is set aside. The appellant is acquitted of all charges. Bail bonds, if any, stand cancelled.
Law Points
- Circumstantial evidence must form a complete chain pointing only to guilt
- Extra-judicial confession must be corroborated
- Motive alone insufficient for conviction
- Last seen theory requires proximity in time and place
- Recovery of weapon must be linked to accused beyond doubt
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