Case Note & Summary
The appellant, Abbas Nawaj Shaikh, was convicted under Section 302 of the Indian Penal Code for the murder of his daughter Heena by strangulation. The prosecution case was that the appellant, feeling lonely after his wife's death, wanted to remarry and viewed his two daughters as obstacles. On 14.12.1998, the appellant sent his elder daughter Reshma to school while he and Heena remained at home. Between 10.30-10.45 a.m., the appellant informed a neighbour that Heena was dead. Neighbours noticed marks on Heena's neck. The appellant was arrested and charged. The trial court convicted him based on circumstantial evidence including motive, last seen together, unnatural conduct, and failure to explain. The High Court, on appeal, examined the evidence and found that the prosecution failed to establish a complete chain of circumstances. The motive was weak as the appellant had taken care of Heena's medical treatment. The last seen theory did not exclude the possibility of suicide or natural death. The appellant's conduct, though unusual, was not inconsistent with innocence. The medical evidence did not conclusively prove strangulation. The court held that the circumstances did not unerringly point to guilt and gave the appellant the benefit of doubt, acquitting him of all charges.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the appellant being last seen with the deceased and his unnatural conduct. The court held that mere presence or unnatural conduct without complete chain of circumstances pointing only to guilt is insufficient for conviction. (Paras 1-25) B) Evidence Act - Burden of Proof - Benefit of Doubt - The prosecution must prove guilt beyond reasonable doubt. If circumstances are equally consistent with innocence, accused is entitled to benefit of doubt. (Paras 20-25)
Issue of Consideration
Whether the conviction of the appellant for murder of his daughter under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- unnatural conduct
- burden of proof
- benefit of doubt
