Case Note & Summary
The present appeal was filed by the State of Maharashtra under Section 378(1) of the Code of Criminal Procedure, 1973, challenging the acquittal of the respondent/accused, Ashabai w/o Bhavrao Desale, from offences punishable under Sections 302 and 504 of the Indian Penal Code, 1860, by the learned Adhoc Additional Sessions Judge, Dhule, in Sessions Case No. 77 of 2007. The prosecution case was that the deceased, Jayashree Dilip Bhosale, an 18-year-old girl, was found dead under suspicious circumstances. The accused was alleged to have committed murder and also insulted the deceased. The trial court acquitted the accused on the ground that the evidence was insufficient to prove guilt beyond reasonable doubt. The High Court, in appeal, examined the evidence including the dying declaration, motive, and last seen theory. The court found that the dying declaration was not reliable due to inconsistencies and lack of corroboration. The motive was not established, and the last seen theory was not proved. The court held that the prosecution failed to prove the chain of circumstances conclusively pointing to the guilt of the accused. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Acquittal - Appeal against acquittal under Section 378(1) CrPC - Prosecution failed to prove chain of circumstances leading to guilt of accused - Dying declaration found unreliable due to inconsistencies - Last seen theory not established - Motive not proved - Held that acquittal was proper and no interference warranted (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondent/accused for offences under Sections 302 and 504 IPC is sustainable in law, given the evidence on record.
Final Decision
The appeal is dismissed. The acquittal of the respondent/accused is upheld.
Law Points
- Acquittal appeal under Section 378 CrPC
- standard of proof in criminal cases
- circumstantial evidence
- dying declaration
- motive
- last seen theory
- benefit of doubt
Case Details
2018 LawText (BOM) (08) 28
Criminal Appeal No. 0373 of 2009
T.V. Nalawade, Smt. Vibha Kankanwadi
Mr. A.A. Jagatkar (Additional Public Prosecutor for appellant), Mr. Pawan B. Pawar (Advocate for respondent)
Ashabai w/o Bhavrao Desale
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Nature of Litigation
Criminal appeal against acquittal in a murder case
Remedy Sought
State sought conviction of the accused for offences under Sections 302 and 504 IPC
Filing Reason
Dissatisfaction with the acquittal of the accused by the trial court
Previous Decisions
Trial court acquitted the accused in Sessions Case No. 77 of 2007
Issues
Whether the dying declaration is reliable and can form the basis of conviction
Whether the chain of circumstantial evidence is complete to prove guilt beyond reasonable doubt
Submissions/Arguments
Prosecution argued that the dying declaration and other evidence prove the guilt of the accused
Defense contended that the evidence is insufficient and the acquittal is correct
Ratio Decidendi
In an appeal against acquittal, the appellate court should not interfere unless the findings of the trial court are perverse or unreasonable. The prosecution must prove its case beyond reasonable doubt, and if the evidence is insufficient, the accused is entitled to benefit of doubt.
Judgment Excerpts
Present appeal has been filed under Section 378 (1) of Code of Criminal Procedure, by prosecution challenging the acquittal of the respondent / accused from the offence punishable under Section 302 and 504 of Indian Penal Code by learned Adhoc Additional Sessions Judge, Dhule in Sessions Case No. 77 of 2007 on 01022008.
The brief facts of the prosecution case was that deceased Jayashree Dilip Bhosale was 18 years old girl resident ...
Procedural History
The trial court acquitted the accused in Sessions Case No. 77 of 2007 on 01-02-2008. The State filed the present appeal under Section 378(1) CrPC on 24-08-2018.
Acts & Sections
- Code of Criminal Procedure, 1973: 378(1)
- Indian Penal Code, 1860: 302, 504
