Case Note & Summary
The appellant, Ravi alias Battery Ravi, was convicted by the Fast Track Court, Hunsur, in S.C. No. 248 of 2011 for the murder of his son Nishor under Section 302 IPC and sentenced to life imprisonment with a direction that he shall not be released till the rest of his life. The prosecution case was that on 16.06.2011 at about 10.00 a.m., the accused took his second child Nishor from the maternal house under the guise of purchasing eatables, along with his sister-in-law's son Shishya. The child was later found dead. The prosecution relied on circumstantial evidence including motive (the accused was unhappy with his wife and child), last seen (the accused was seen taking the child), and recovery of a weapon (a knife) at the instance of the accused. The trial court convicted the accused based on these circumstances. On appeal, the High Court re-appreciated the evidence and found that the prosecution had failed to prove the chain of circumstances beyond reasonable doubt. The evidence of last seen was unreliable as the witnesses (PW-1 and PW-2) gave contradictory statements. The recovery of the weapon was not credible as the panch witnesses turned hostile. The court held that the circumstances were not sufficient to exclude the hypothesis of innocence. The appeal was allowed, the conviction and sentence were set aside, and the accused was acquitted.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The prosecution relied on circumstantial evidence including motive, last seen, and recovery of weapon. The court held that the chain of circumstances must be complete and must exclude every hypothesis of innocence. The evidence of last seen was unreliable due to contradictions, and the recovery of weapon was not credible. The conviction was set aside and the accused was acquitted. (Paras 1-20) B) Evidence Law - Last Seen Theory - Reliability - The prosecution's case of last seen was based on the testimony of PW-1 and PW-2, but their evidence was contradictory and not corroborated. The court held that the last seen theory cannot be the sole basis for conviction unless it is proved beyond reasonable doubt. (Paras 10-15) C) Criminal Procedure - Appeal Against Conviction - Section 374(2) Code of Criminal Procedure, 1973 - The appeal was filed under Section 374(2) CrPC against the conviction and sentence. The High Court, being the appellate court, re-appreciated the evidence and found the prosecution case lacking. The appeal was allowed and the accused was acquitted. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant-accused for the offence of murder under Section 302 IPC based on circumstantial evidence is sustainable in law.
Final Decision
The appeal is allowed. The impugned judgment of conviction and sentence dated 27.09.2012 passed by the Presiding Officer, Fast Track Court, Hunsur, in S.C. No. 248 of 2011 is set aside. The appellant-accused is acquitted of the offence punishable under Section 302 IPC. The appellant 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
- motive
- last seen theory
- presumption of innocence
- benefit of doubt
