Case Note & Summary
The appellants, Vishal Tiwari, Rahul Neware, and Sachin Waghmare, were convicted by the Adhoc Additional Sessions Judge-3, Nagpur in Sessions Trial 200 of 2006 for offence punishable under Section 304 Part II of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for three years and a fine of Rs. 500 each. They appealed against the conviction. The case arose from the death of Ramraj Kulmethe, allegedly due to an assault by the accused. The prosecution examined four witnesses, including PW1 Bablu Bhalavi and PW2 Gopalkrushna Kulmethe (uncle of deceased and informant), and PW3 Robbin Judawan who turned hostile. PW4 Dr. Gawande, who conducted the autopsy, testified that there were no external injuries and that the death could be natural. The FIR (Exh 23) lodged promptly did not name accused Rahul and Sachin as assailants. The court analyzed the evidence and found that the medical evidence ruled out death due to assault, and the ocular evidence was inconsistent and unreliable. The court held that the prosecution failed to prove beyond reasonable doubt that the accused assaulted the deceased. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II Indian Penal Code, 1860 - Conviction based on alleged assault - Medical evidence ruled out death due to assault and suggested natural death - No external injuries found - Eye witness turned hostile - FIR did not name accused as assailants - Held that prosecution failed to prove assault beyond reasonable doubt, hence accused entitled to acquittal (Paras 4-7).
Issue of Consideration
Whether the prosecution established beyond reasonable doubt that the accused assaulted the deceased and that the death was caused by such assault, warranting conviction under Section 304 Part II IPC.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted of all charges. Bail bonds cancelled.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part II IPC
- Medical evidence overriding ocular evidence
- Benefit of doubt
- Acquittal
