Case Note & Summary
The appellant, Arjuna Maruti Kazidoni, was convicted by the Additional Sessions Judge, South Goa, Margao, in Sessions Case No.05/2020 for the murder of two persons, Bhim and Ravi, and for causing hurt to Sunil Sawant. The prosecution's case was that on 3rd February 2020, the appellant assaulted the deceased with bottles and laterite stones near Vailankanni Bar. The sole eyewitness to the incident was Sunil Sawant (PW-13), who was also injured. The trial court relied heavily on PW-13's testimony and convicted the appellant under Section 302 IPC (life imprisonment) and Section 323 IPC (six months simple imprisonment). The appellant appealed to the High Court. The High Court examined the evidence and found that PW-13's testimony was riddled with contradictions and improvements. His version of events was inconsistent with the medical evidence regarding the nature of injuries and the time of death. Other prosecution witnesses, including the complainant (PW-1) and panch witnesses, did not support the prosecution's case. The court also noted that the last seen theory was not established beyond doubt. The High Court held that the prosecution failed to prove its case beyond reasonable doubt. The court allowed the appeal, set aside the conviction and sentence, and ordered the appellant's release.
Headnote
A) Criminal Law - Appreciation of Evidence - Testimony of Injured Witness - Corroboration - The conviction of the appellant under Section 302 IPC was based solely on the testimony of PW-13, an injured witness. The court held that while the testimony of an injured witness is entitled to great weight, it must be scrutinized with care and caution. In this case, PW-13's testimony was found to be unreliable due to material contradictions, improvements, and inconsistencies with medical evidence and other prosecution witnesses. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. (Paras 1-15) B) Criminal Law - Last Seen Theory - Circumstantial Evidence - The prosecution also relied on the last seen theory, but the court found that the evidence of last seen was weak and not corroborated by any independent witness. The court held that the last seen theory alone, without other corroborating circumstances, is insufficient to sustain a conviction for murder. (Paras 16-20) C) Criminal Law - Section 302 IPC - Murder - Acquittal - The court allowed the appeal, set aside the conviction and sentence under Section 302 IPC and Section 323 IPC, and ordered the appellant's release unless required in any other case. The court held that the prosecution failed to establish the chain of circumstances and the testimony of the sole eyewitness was not credible. (Paras 21-25)
Issue of Consideration
Whether the conviction of the Appellant under Section 302 IPC and Section 323 IPC based on the testimony of the sole injured eyewitness (PW-13) is sustainable in law.
Final Decision
The appeal is allowed. The conviction and sentence under Section 302 IPC and Section 323 IPC are set aside. The appellant is ordered to be released forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- Testimony of injured witness
- Corroboration
- Circumstantial evidence
- Last seen theory
- Section 302 IPC
- Section 323 IPC
