Case Note & Summary
The appellant, Gajanan Narayan Gunjal, was convicted under Section 302 of the Indian Penal Code for the murder of his brother-in-law, Gajanan alias Deepak, and sentenced to life imprisonment. The prosecution's case was that the appellant, who was the son-in-law of the complainant Samadhan Sajare, was living with the family and allegedly killed Deepak by strangulation. The incident occurred on the night of 20-21 March 2014. The complainant initially suspected one Pralhad Khadke, but later the police arrested the appellant based on suspicion. The trial court convicted the appellant relying on circumstantial evidence, including the recovery of a nylon rope at the instance of the appellant and injuries on his hands. The High Court, in appeal, examined the evidence and found several inconsistencies. The court noted that the motive was weak, the recovery of the rope was not credible as the rope was found in an open place accessible to all, and the medical evidence did not support the prosecution's theory of strangulation. The court also observed that the prosecution failed to prove the chain of circumstances conclusively. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
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 motive, recovery of weapon was doubtful, and medical evidence did not support the prosecution case - Held that the appeal is allowed and the appellant is acquitted (Paras 2-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on circumstantial evidence is sustainable.
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 with guilt
- chain of circumstances must be unbroken
- benefit of doubt to accused
- Section 302 IPC
- Section 169 CrPC
