Case Note & Summary
The present appeal was filed by Babu Sakharam Dive, Laxman Raoji Dive, and Tryambak Raoji Dive (original accused nos. 1, 2, and 4) challenging the judgment and order dated 21.09.2012 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 41/2010, whereby they were convicted for the offence of murder under Section 302 of the Indian Penal Code, 1860 (IPC). The case arose from an incident where the deceased was allegedly killed by the appellants. The prosecution examined witnesses, but their testimonies contained inconsistencies regarding the time of the incident and the identification of the accused. The court noted that the evidence was not consistent and reliable. The appellants' counsel argued that the prosecution had failed to prove the case beyond reasonable doubt. The state opposed the appeal. The High Court, after analyzing the evidence, found that the prosecution had not established the guilt of the appellants beyond reasonable doubt. The court observed that the inconsistencies in the evidence created doubt. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on circumstantial evidence - Inconsistencies in prosecution case regarding time of incident and identification of accused - Benefit of doubt granted - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 of the Indian Penal Code, 1860 (IPC) for murder is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The impugned judgment and order dated 21.09.2012 passed by the Additional Sessions Judge, Nashik in Sessions Case No. 41/2010 is set aside. The appellants are acquitted of the offence under Section 302 IPC. They are directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Circumstantial evidence
- Section 302 IPC
