Bombay HC acquits a person due to the lack of incriminating evidence in a homicide trial : Motive, Last seen together and DNA evidence not sufficient.
TITLE : Ganesh Bhatu Shinde V The state of Maharashtra
CITATION : Criminal Appeal 549 of 2018
CORAM : Hon’ble justice Smt.Vibha Kankanwadi and Hon’ble Justice Abhay S. Waghwase
DATE: 7th December, 2023
INTRODUCTION :
There being charge of Sections 302 and 201 of the IPC, it is necessary to be seen whether in the trial Court prosecution has established death of Deceased to be nothing but homicidal.
FACTS :
The appellant was alleged of a murder as he had an dispute with the deceased. It is the story of the prosecution that, appellant had approached deceased on 14-08-2015 for compromising the matter and accordingly, deceased was taken to the Court but there deceased put up conditions which angered appellant and thereby he was taken, assaulted and his body was finally disposed of at a remote place which was finally spotted by Police Patil and then Police came in picture.
One of the witnesses claimed that the death was of due to vehicular accident. However the autopsy doctor held that there was no injury to sustain the argument of vehicular accident and the death is of homicidal nature.
COURT’S ANALYSIS
The court held that since there was animosity and further, deceased putting up conditions for withdrawal had also allegedly angered appellant is sufficient motive along with the fact that the deceased allegedly abused the appellant in filthy language. Secondly, the appellant was the last person the deceased was seen with alive. However the court relied upon the witnesses and held that The proximity of time since last seen together and deceased found dead being considerably huge, it is improper to connect appellant with the death. As of the DNA marks of the appellant on the deceased, it was held that there was no sufficient incriminating evidence to prove the same as the quantity of DNA found was very less.
The appellant was acquitted and the charges against him under Section 102 IPC was quashed.
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Written by- Sanjana Ravichandran
