Case Note & Summary
The present appeal arises from Sessions Case No. 19/2015 decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused Pareshbhai Shankarbhai Taviyad was convicted for the offence punishable under Section 302 of the Indian Penal Code and also under Section 182 IPC. The case of the prosecution was that on 20/09/2014 around 6:00 PM, at the Forest Quarters near G.E.B. office in Santarampur, the deceased Rekhaben, wife of the appellant, was residing with her husband. There were frequent quarrels between the husband and wife over domestic issues. On the fateful day, in the course of such a quarrel, the accused allegedly strangulated his wife Rekhaben with a cotton dori/string/rope, causing asphyxia and death. To screen himself from punishment and mislead the authorities, the accused staged the scene as suicide by hanging. The trial court convicted the appellant based on circumstantial evidence. The High Court examined the evidence and found that the prosecution failed to prove the homicidal nature of death and the involvement of the appellant beyond reasonable doubt. The medical evidence did not conclusively establish strangulation, and the circumstances relied upon were not complete. The court held that the chain of circumstances was not complete and the benefit of doubt must be given to the appellant. Consequently, the appeal was allowed, the conviction and sentence under Sections 302 and 182 IPC were set aside, and the appellant was ordered to be set at liberty forthwith.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the chain of circumstances is complete and points only to the guilt of the accused - In the present case, the prosecution failed to establish the homicidal nature of death and the involvement of the appellant beyond reasonable doubt - Held that the appeal is allowed and the conviction is set aside (Paras 1-34). B) Criminal Law - False Information - Section 182 Indian Penal Code, 1860 - Conviction under Section 182 IPC requires independent evidence that the information given by the accused was false to his knowledge - In the absence of such evidence, the conviction is unsustainable - Held that the conviction under Section 182 IPC is also set aside (Paras 1-34).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 182 IPC based on circumstantial evidence is sustainable in law.
Final Decision
The appeal is allowed. The judgment and order of conviction and sentence dated 25/03/2026 passed by the learned 4th Additional Sessions Judge, Godhra in Sessions Case No. 19/2015 is set aside. The appellant is acquitted of the charges under Sections 302 and 182 IPC. The appellant is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Circumstantial evidence must be complete and point only to guilt
- Benefit of doubt when prosecution fails to prove chain of circumstances
- Section 302 IPC requires proof of homicidal death and accused's involvement beyond reasonable doubt
- Section 182 IPC for false information requires independent evidence of falsehood
