Case Note & Summary
The appellant, Sadaiyandi, was convicted by the Additional District Judge (Fast Track Court), Theni, for the murder of a woman and theft of her gold ornaments under Sections 302 and 380 IPC. The prosecution alleged that the appellant borrowed Rs.40,000 from the deceased in 2010 and, when pressed for repayment, developed animosity. Between 03.08.2018 and 05.08.2018, the appellant allegedly went to the deceased's house, quarreled, assaulted her, strangulated her with a pillow, and stole her gold ornaments weighing 69.500 gms. The deceased's sister (PW1) discovered the body on 05.08.2018 and lodged a complaint. The trial court convicted the appellant based on circumstantial evidence: motive, last seen theory, recovery of stolen articles, and extra-judicial confession. On appeal, the Madras High Court examined the evidence. The court noted that the motive was weak as the loan was old and not substantial. The last seen evidence was not proximate in time. The recovery of gold ornaments was not from the exclusive possession of the appellant. The extra-judicial confession was not corroborated. The court held that the chain of circumstances was incomplete and the prosecution failed to prove guilt beyond reasonable doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 380 Indian Penal Code, 1860 - Conviction based solely on circumstantial evidence requires that each circumstance be proved beyond reasonable doubt and the chain of circumstances must be complete - The prosecution relied on motive, last seen theory, recovery of stolen articles, and extra-judicial confession - The court found that the motive was weak, the last seen evidence was not proximate, the recovery was not from exclusive possession, and the extra-judicial confession was not reliable - Held that the prosecution failed to prove the case beyond reasonable doubt and the appellant is entitled to acquittal (Paras 10-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 380 IPC based on circumstantial evidence is sustainable in law.
Final Decision
The appeal is allowed. The judgment of conviction and sentence dated 24.01.2024 in S.C.No.59 of 2019 on the file of the Additional District Judge, (Fast Track Court), Theni, is set aside. The appellant is acquitted of all charges. The bail bonds, if any, shall stand discharged.
Law Points
- Circumstantial evidence must form unbroken chain
- motive alone insufficient
- last seen theory requires proximity
- recovery of stolen articles not conclusive
- benefit of doubt to accused
