Case Note & Summary
The appellant, Bandu Ramu Phadvale, was convicted by the Extra Joint Adhoc Additional Sessions Judge, Thane, for the murder of his cousin Vijay Chintaman Phadvale under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment. The incident occurred on 1st March 2010, during the Holi festival, at Village Uprale, Vaghonpada. According to the prosecution, the appellant took the deceased to his house, where a quarrel over land ensued, and the appellant struck the deceased with an axe on the neck and back. The deceased died on the spot. The prosecution examined several witnesses, including the informant Raju Lakhma Bhivra (PW1), the deceased's wife Ranjana (PW2), and other villagers. However, most witnesses turned hostile and did not support the prosecution case. The trial court relied on the testimony of PW2 and PW3 (Vinayak Phadvale) to convict the appellant. The appellant challenged the conviction before the Bombay High Court. The High Court analyzed the evidence and found that PW2's testimony was inconsistent with the medical evidence and the site panchnama. PW3 also turned hostile. The court noted that the prosecution failed to establish the last seen theory and the chain of circumstances was incomplete. The court held that the prosecution did not prove its case beyond reasonable doubt and acquitted the appellant, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on circumstantial evidence - Prosecution failed to prove chain of circumstances - Witnesses turned hostile, last seen theory not established, and medical evidence inconsistent with ocular evidence - Held that conviction cannot be sustained and accused is entitled to acquittal (Paras 1-23).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for murder is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Benefit of doubt
- Hostile witness
- Circumstantial evidence
- Last seen theory
- Inconsistencies in prosecution case
- Failure to prove guilt beyond reasonable doubt
