Case Title:
Suresh Ladak Bhagat Vs The State Of Maharashtra
Date:
19th April, 2022
Bench:
Justice Sadhana S. Jadhav
Justice Milind N Jadhav
Parties:
Appellant – Suresh Ladak Bhagat
Respondent – The State of Maharashtra
Subject
An appeal was filed by the appellant aggrieved by the conviction and sentence imposed against him without any actual evidence for an offence punishable under Section 302 of the IPC.
Important Provisions
Section 302 of the IPC–Punishment for murder.
Section 294 of the CrPC – No formal proof of certain documents.
Overview
- A report was lodged by Laxman Daji Bhoye at Kasa Police Station from an information received from one person that Suresh Bhagat had killed his wife, Lalita Bhagat.
- To verify this information, they went to the spot and found the Suresh Bhagat (appellant) seated beside his wife who was covered in a pool of blood.
- The appellant disclosed that he had returned from a relative’s house and when he knocked on the door there was no response. He entered the house through the window and saw his wife in deep sleep.
- He assaulted on her head and back and paid no attention, in the morning he realised that his wife had passed away.
- The crime was registered against the appellant at Kasa Police Station under Section 302 of the Indian Penal Code.
- 5 witnesses were examined.
- The post-mortem notes were admitted by the accused under Section 294 of the CrPC.
Issues raised
- Whether the husband can be asked to explain the wife’s death in the house without the prosecution establishing any prima-facie case?
Advancements made by the appellants
- The learned counsel for appellant argued that there was no evidence in the eyes of law thereby the accused deserves to be acquitted of the charges levied against him.
Advancements made by the respondents
- The learned counsel for the respondents argued that under Section 106 of the Indian Evidence act it was necessary that the accused had to offer an explanation and the fact that the dead body was found in the house was sufficient to convict the accused for the offence punishable under Section 302 of the IPC.
- The extra judicial confession provided also proves the same that the accused was guilty.
Judgment Analysis
- The Court stated that an accused can only be convicted when investigation brings in materials which could be converted into admissible evidence and can be read as evidence.
- Unless the prosecution can prove its case beyond reasonable doubt and provide conclusive proof the burden to explain the circumstances of wife’s death does not lie upon the accused.
- In the case of State of Rajasthan Vs. Rajaram An extra-judicial confession was a weak piece of evidence and can only be relied upon if it was voluntary and true and made in a fit state of mind. The confession will have to be proved like any other evidence.
Conclusion
The Court concluded by stating that the case was of no evidence and totally relied upon extra-judicial confession only. Thereby the appeal was allowed and the appellant was acquitted of the offence punishable under Section 302 of the IPC.
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