VidhiSangh

Supreme Court of India · 17/10/2024

VISHWAJEET KERBA MASALKAR versus STATE OF MAHARASHTRA

[2024] 10 S.C.R. 753 · 2024 INSC 788

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Summary

The Supreme Court acquitted a man sentenced to death for killing his mother, wife and two-year-old daughter. The sole alleged eyewitness, an injured neighbour, was found unreliable: his statement was recorded six days late although he was conscious on admission, it was uncorroborated, and it was given after the police told him the accused was the culprit. The remaining circumstances (recoveries of a hammer, clothes and jewellery, and motive) did not form a complete chain.

Issues

  1. Whether the testimony of the injured neighbour (PW-12), whose statement was recorded six days after the incident, was reliable enough to sustain a conviction for murder.
  2. Whether, without that testimony, the circumstantial evidence of recoveries under Section 27 of the Evidence Act and motive proved the appellant's guilt beyond reasonable doubt.
  3. Whether the conviction under Sections 302, 307 and 201 IPC and the death sentence could be sustained.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment confirming the death sentence and the trial court's judgment of conviction and sentence quashed and set aside; appellant directed to be set at liberty if not required in any other case.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 753.