Case Note & Summary
The judgment arises from two criminal appeals filed by the appellants against their conviction by the Additional Sessions Judge, Yavatmal in Sessions Trial No.82/2016 dated 24.10.2018. The appellants were convicted under Section 302 IPC for the murder of Durga @ Panchfula and under Section 307 read with Section 34 IPC for attempting to murder Subhash Gawrane and Ashok Gawrane. The prosecution case was based on circumstantial evidence and the testimony of injured witnesses. The court analyzed the evidence and found that the prosecution failed to establish a complete chain of circumstances pointing only to the guilt of the appellants. The motive alleged was not proved, and the evidence of last seen and recovery of weapons was inconsistent. The injured witnesses gave contradictory versions, and the medical evidence did not support the prosecution's case. The court held that the conviction was unsustainable and allowed the appeals, setting aside the conviction and sentence. The appellants were acquitted of all charges.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires that the chain of circumstances be complete and point only to the guilt of the accused - In the present case, the prosecution failed to establish motive and the evidence of last seen and recovery was inconsistent - Held that the conviction is unsustainable and the appellants are entitled to acquittal (Paras 1-30). B) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Testimony of Injured Witness - The evidence of injured witnesses must be scrutinized carefully, especially when there are contradictions and improvements - The injured witnesses in this case gave inconsistent versions regarding the incident - Held that the conviction under Section 307 IPC is not sustainable (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307 read with Section 34 IPC is sustainable based on circumstantial evidence and the testimony of injured witnesses.
Final Decision
Both appeals are allowed. The judgment and order of conviction and sentence passed by the Additional Sessions Judge, Yavatmal in Sessions Trial No.82/2016 dated 24.10.2018 is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Circumstantial evidence must form a complete chain pointing only to guilt
- motive not essential but strengthens case
- conviction under Section 302 IPC requires proof of homicidal death
- Section 307 IPC requires intent to kill
- benefit of doubt when evidence inconsistent
