Case Note & Summary
The appellant was convicted under Sections 302 and 201 of the Indian Penal Code for the murder of his wife Rohini and their one-and-a-half-year-old son Tushar. The prosecution case was based on circumstantial evidence, primarily the last seen theory and the testimony of the appellant's daughter (PW-10), who was about five years old at the time. On 2 February 2012, the appellant was seen by PW-5 (Sangita Kasal) at her shop along with a woman and two boys, including the deceased. The appellant's daughter testified that she saw her father kill her mother and brother with a stone. The appellant's father-in-law (PW-1) deposed that the appellant had been suspecting his wife's fidelity and had assaulted her earlier. The trial court convicted the appellant, and the High Court upheld the conviction, finding that the chain of circumstances was complete and the child witness's testimony was credible. The court also noted that the appellant's defense of false implication was not supported by evidence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The prosecution relied on the last seen theory through PW-5 who saw the appellant with the deceased and two boys shortly before the incident, and the testimony of the appellant's daughter (PW-10) who witnessed the killing - The court held that the chain of circumstances was complete and pointed to the guilt of the appellant (Paras 6-9). B) Evidence Law - Child Witness - Competency - The child witness (PW-10), aged about 5 years, was examined and her testimony was found to be credible and reliable - The court held that a child witness can be relied upon if the court is satisfied about the capacity to understand and give rational answers (Para 9). C) Criminal Law - Motive - Suspicion of Fidelity - The prosecution established motive that the appellant suspected the fidelity of his wife after the birth of their second son - The court held that motive, though not essential, strengthens the case (Para 7).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code based on circumstantial evidence and the testimony of a child witness is sustainable.
Final Decision
Appeal dismissed. Conviction under Sections 302 and 201 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- child witness testimony
- motive
- Section 302 IPC
- Section 201 IPC
