Circumstantial Evidence Fails in Murder Appeal

The Bombay High Court allowed a criminal appeal and set aside the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code. The appellant had been sentenced by the Additional Sessions Judge-2, Baramati, to life imprisonment for murder and to six months’ imprisonment for the offence under Section 201 IPC.

The prosecution case began with a complaint that an unknown man was found lying on a road near a field in a pool of blood, with a grievous injury on the back of his head. An offence was registered under Section 302 IPC against an unknown person, and after investigation a charge-sheet was filed against the appellant. The trial court framed charges under Sections 302 read with 201 IPC and examined 13 witnesses.

Before the High Court, the defence argued that there was no eye-witness, the case rested entirely on circumstantial evidence, the last seen theory was not established, and the recoveries relied upon by the prosecution did not inspire confidence because the alleged recovery was from an open place. The defence also questioned the prosecution’s proof of the deceased’s identity.

The High Court accepted the core submission that the prosecution had failed to prove guilt beyond reasonable doubt. It held that the circumstances brought on record did not form a complete chain leading to an irresistible conclusion that the appellant alone had committed the offence. On that reasoning, the Court found that the trial court had erred in returning a conviction.

Once the charge under Section 302 IPC failed, the conviction under Section 201 IPC also could not survive. The Court therefore quashed and set aside the conviction and sentence, and acquitted the appellant of all charges. It also directed that he be released forthwith if not required in any other case, subject to execution of a PR bond for appearance in the event of an appeal against acquittal.

Practical takeaway: in a circumstantial evidence case, each link must be proved firmly, and a weak chain will not sustain convictions under Sections 302 and 201 IPC.