Case Note & Summary
The appellant, Vilas Govinda Pradhan, was convicted by the Additional Sessions Judge, Nagpur for the murder of his wife, Anita @ Pinky, under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the appellant suspected his wife's character and subjected her to cruelty. On 23-8-2015, the appellant took his wife and daughter to Mansar and then to Pali. The deceased died due to burn injuries. The prosecution relied on circumstantial evidence including last seen together, motive, extra-judicial confession, and dying declaration. The High Court found that the evidence was inconsistent and the chain of circumstances was incomplete. The dying declaration was recorded after a long delay and was not corroborated by medical evidence. The extra-judicial confession was not reliable. The court held that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Chain of Circumstances - The prosecution must prove each circumstance beyond reasonable doubt and the chain must be complete, pointing only to the guilt of the accused - In the present case, the evidence of last seen, motive, extra-judicial confession, and dying declaration was found inconsistent and unreliable - Held that the conviction based on such evidence is unsustainable (Paras 1-20). B) Evidence Law - Dying Declaration - Reliability - A dying declaration must be free from tutoring and must be consistent with other evidence - The dying declaration in this case was recorded after a long delay and was not corroborated by medical evidence - Held that it cannot be the sole basis for conviction (Paras 15-18). C) Criminal Law - Extra-Judicial Confession - Evidentiary Value - Extra-judicial confession must be voluntary and truthful - The alleged confession to the sister of the deceased was not supported by other evidence and was made after the incident - Held that it is weak evidence and cannot be relied upon (Paras 12-14).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable when the chain of circumstances is incomplete and the evidence is inconsistent.
Final Decision
The appeal is allowed. The judgment of conviction and sentence is set aside. The appellant is acquitted of all charges. He is directed to be set at liberty forthwith, if not required in any other case.
Law Points
- Circumstantial evidence
- chain of circumstances must be complete
- last seen theory
- motive
- extra-judicial confession
- dying declaration
- Section 302 IPC
- Section 498A IPC
- Section 306 IPC
