Case Note & Summary
The appellant, Kishor Raghunath Gaikwad, was convicted by the Additional Sessions Judge, Achalpur, for the murder of Anjali Wankhede under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution alleged that the appellant had a love affair with the deceased and on 26 July 2015, at a handpump, he stabbed her multiple times with a knife in the presence of her husband and others. The appellant was caught by villagers and handed over to police. The trial court relied on the testimony of the complainant (PW1), the dying declaration of the deceased, and the recovery of the knife at the instance of the appellant. The High Court found that the evidence was inconsistent and unreliable. The complainant's testimony was not corroborated by other eyewitnesses, who turned hostile. The dying declaration was recorded after the deceased had become unconscious and was not supported by medical evidence. The recovery of the knife was not proved as the panch witnesses turned hostile. The court held that the prosecution failed to prove the guilt beyond reasonable doubt and acquitted the appellant.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing to guilt - Prosecution failed to establish motive, recovery of weapon was doubtful, and dying declaration was not reliable - Held that conviction cannot be sustained (Paras 1-20). B) Evidence Act - Recovery of Weapon - Section 27 Evidence Act - Recovery of knife at the instance of accused must be proved by independent witnesses - In this case, recovery panchnama witnesses turned hostile and no independent corroboration - Held that recovery is not proved (Paras 15-18). C) Criminal Law - Dying Declaration - Reliability - Dying declaration must be voluntary and truthful - In this case, dying declaration was recorded after the deceased became unconscious and was not corroborated by medical evidence - Held that dying declaration cannot be relied upon (Paras 12-14).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Circumstantial evidence
- recovery of weapon
- motive
- last seen theory
- dying declaration
- Section 302 IPC
- Section 27 Evidence Act
