Case Note & Summary
The appeals arose from Sessions Case No.29 of 2014 before the Additional Sessions Judge-3, Nashik, where two accused were tried for the murder of Priyanka, wife of Accused No.1. The trial court, by judgment dated 6 February 2020, convicted Accused No.1 under Sections 302, 120B(1), and 498A of the Indian Penal Code, sentencing him to life imprisonment without remission for murder, life imprisonment for conspiracy, and three years simple imprisonment for cruelty, along with fines. Accused No.2 (appellant in Criminal Appeal No.295 of 2020) was convicted under Sections 302 and 120B(1) IPC and sentenced to life imprisonment, with sentences directed to run concurrently. The prosecution case was that Accused No.1 married Priyanka on 29 May 2013, suspected her character, and demanded money from her family. He allegedly conspired with Accused No.2 and a child in conflict with law to kill her, purchased two knives, and paid Rs.10,000 as advance to Accused No.2 with a promise to pay Rs.50,000. On 22 October 2013, Accused No.1 and Priyanka went to Nashik for Diwali shopping and were returning at night through Chirai Ghat. Accused No.1 allegedly stopped the two-wheeler at a secluded spot and inflicted knife blows on Priyanka, while the other two accused came and took away ornaments and weapon. Accused No.1 inflicted minor injuries on himself to simulate robbery and called a friend, who found him and his wife lying at the spot and informed police. Priyanka was declared dead at the hospital; Accused No.1 had superficial injuries and was treated. The mother of Priyanka registered FIR C.R.No.54 of 2013 at Surgana police station against unknown persons. Investigation revealed the involvement of accused. Accused No.1 denied guilt and claimed that unknown persons threw chilly powder, stabbed him, and he became unconscious, denying any motive or connection with co-accused. Accused No.2 denied all. Prosecution examined 12 witnesses, including police officers, panchas, friends, and medical officers, and relied on circumstantial evidence such as purchase of knives, recovery of ornaments and weapon, and motive. The appellate court heard counsel and was considering the evidence. The final operative decision is not included in the provided excerpt, but the judgment is dated 9 July 2025.
Headnote
A) Criminal Law - Murder - Section 302 of Indian Penal Code, 1860 - Accused No.1 was convicted by trial court for murdering his wife Priyanka by inflicting knife blows at a secluded spot in Chirai Ghat. The trial court imposed life imprisonment without remission. The appellate court examined circumstantial evidence including purchase of knives, motive, and recovery. (Paras 1-3) B) Criminal Law - Conspiracy - Section 120B(1) of Indian Penal Code, 1860 - Both accused were convicted for hatching conspiracy to eliminate the wife, evidenced by advance payment of Rs.10000 and promise of Rs.50000 to co-accused. Trial court sentenced both to life imprisonment. (Paras 1, 3) C) Criminal Law - Cruelty - Section 498A of Indian Penal Code, 1860 - Accused No.1 was convicted for subjecting his wife to cruelty by suspecting her character and demanding money from her family. Trial court imposed three years simple imprisonment and fine. (Paras 1, 3) D) Criminal Procedure - Defence of Accused - Section 313 of Code of Criminal Procedure, 1973 - Accused No.1 stated he was falsely implicated, that unknown persons threw chilly powder and stabbed him, and he became unconscious; Accused No.2 denied all. The court considered these defences while assessing circumstantial evidence. (Paras 6-7) E) Evidence - Circumstantial Evidence - Recovery and Motive - Prosecution relied on recovery of ornaments and weapon pursuant to Accused No.2's statement, purchase of knives, and motive to establish guilt. The trial court convicted based on these circumstances. (Paras 3-4, 8-11)
Issue of Consideration
Whether the prosecution established beyond reasonable doubt that the accused were guilty of murder, conspiracy, and cruelty based on circumstantial evidence; whether the defence of false implication and sudden assault by unknown persons was credible.
Law Points
- Circumstantial evidence must be complete and consistent with guilt
- motive of suspicion and demand for money
- conspiracy under Section 120B IPC
- cruelty under Section 498A IPC
- recovery of weapon and ornaments
- defence of robbery
- life imprisonment without remission
