Case Note & Summary
The case pertains to the murder of Ashok Salve, who was the elder brother of PW-7 Bajirao Salve. The appellants, Santosh Ashok Chavan (accused No.1) and Sunil @ Pintya Bapu Khandale (accused No.2), were convicted by the Additional Sessions Judge, Pune, for the offence punishable under Section 302 read with 34 of the Indian Penal Code, 1860, and sentenced to life imprisonment and fine. The prosecution case was that on the night of 3rd/4th August 2005, the appellants, who used to work with the deceased in real estate business, murdered him due to business disputes. The sole eyewitness was PW-7 Bajirao, the brother of the deceased, who claimed to have seen the incident. The High Court, after analyzing the evidence, found that the testimony of PW-7 was unreliable and inconsistent with the medical evidence and other circumstances. The court noted that PW-7 was an interested witness and his evidence required corroboration, which was lacking. The court also observed that the prosecution failed to prove the motive and the chain of circumstantial evidence was incomplete. Consequently, the court allowed the appeals, set aside the conviction, and acquitted the appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Conviction based on sole testimony of interested witness - Testimony of PW-7, brother of deceased, was found to be unreliable and inconsistent with medical evidence and other circumstances - Held that conviction cannot be sustained on such weak evidence (Paras 1-13). B) Evidence Act - Interested Witness - Corroboration - When a witness is closely related to the deceased, his testimony requires careful scrutiny and corroboration - In the absence of corroboration, conviction cannot be based solely on such testimony (Paras 5-10). C) Indian Penal Code, 1860 - Section 302 read with 34 - Murder - Common Intention - Prosecution failed to prove common intention beyond reasonable doubt - Acquittal ordered (Paras 11-13).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 IPC based on the testimony of PW-7, the brother of the deceased, and other circumstantial evidence is sustainable.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges. They are directed to be released forthwith unless required in any other case.
Law Points
- Conviction based on sole testimony of interested witness requires corroboration
- Circumstantial evidence must form complete chain
- Benefit of doubt when prosecution fails to prove guilt beyond reasonable doubt
