Case Note & Summary
The appellant, Ramesh Nandu Surun, was convicted by the 3rd Additional Sessions Judge, Thane, for the murder of his wife Sita Surum under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 17th February 2014, the appellant, under the influence of alcohol, quarreled with the deceased over serving lunch and assaulted her with an axe on her neck, causing her death. The informant, Sita Dashrath Kadu, sister of the deceased, lodged a report. The trial court relied on circumstantial evidence, including an extra-judicial confession made by the appellant to the informant and a dying declaration allegedly made by the deceased to her daughter. The High Court, in appeal, examined the evidence and found that the prosecution failed to establish a complete chain of circumstances. The extra-judicial confession was not corroborated by any independent witness, and the dying declaration was not recorded by a Magistrate nor proved by credible evidence. The court held that the conviction was based on weak and unreliable evidence, and the prosecution did not prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - Prosecution failed to establish motive, extra-judicial confession was not corroborated, and dying declaration was not proved - Held that conviction cannot be sustained as the chain of circumstances was incomplete (Paras 1-25). B) Evidence Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - Dying declaration must be reliable and voluntary - In the instant case, the alleged dying declaration was not recorded by a Magistrate nor proved by any independent witness - Held that it cannot be relied upon (Paras 15-20). C) Criminal Law - Extra-Judicial Confession - Evidentiary Value - Extra-judicial confession must be corroborated by other evidence - The alleged confession to the sister of the deceased was not corroborated by any independent witness or circumstance - Held that it is insufficient to base conviction (Paras 10-14).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable on the basis of circumstantial evidence, including extra-judicial confession and dying declaration.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Circumstantial evidence
- chain of circumstances
- proof beyond reasonable doubt
- dying declaration
- extra-judicial confession
- motive
- last seen theory
