Case Note & Summary
The appellant, Selvi, was convicted by the Additional District and Sessions Judge, Virudhunagar, for the murder of her husband Chellapandi under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant had an illicit relationship with A2, and on 29.09.2017 at 2.00 a.m., she threw a grinding stone on the deceased's head while he was sleeping, causing his death. The father of the deceased (PW1) gave a statement leading to the FIR. The trial court relied on circumstantial evidence including motive, last seen theory, recovery of the weapon (MO2), and extra-judicial confession. The appellant appealed to the Madras High Court. The High Court examined the evidence and found that the prosecution failed to prove the motive as there was no independent witness to the illicit relationship. The last seen theory was based on the testimony of PW1 and PW2, but their versions were inconsistent. The recovery of MO2 was not witnessed by independent persons, and the extra-judicial confession was not corroborated. The court held that the circumstances were not complete and did not exclude the possibility of innocence. The appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that all circumstances must be fully established and must be consistent only with the hypothesis of guilt - In the present case, the prosecution failed to prove the motive and the circumstances such as last seen theory and recovery of weapon were not reliable - Held that the appellant is entitled to benefit of doubt and acquittal (Paras 10-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable when the prosecution failed to prove the motive and the circumstances are not conclusive.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence must be complete and consistent only with guilt
- Benefit of doubt when prosecution fails to prove motive and opportunity
- Section 302 IPC requires proof of homicidal death and accused's involvement beyond reasonable doubt
