Case Note & Summary
The matter arose from a criminal appeal before the High Court of Judicature at Bombay challenging the judgment and order dated 2017-09-26 passed by the Additional Sessions Judge-2, Nashik, in Sessions Case No.257 of 2016. The appellant was convicted under Section 302 of the Indian Penal Code, 1860, for murder and under Section 309 of the Indian Penal Code, 1860, for attempt to commit suicide, and sentenced to rigorous imprisonment for life and simple imprisonment for one year respectively, with sentences to run concurrently. He was acquitted under Section 135 of the Maharashtra Police Act, 1951, and granted set off under Section 428 of the Code of Criminal Procedure, 1973. The prosecution case was that the appellant and the victim were in a love relationship and had given a notice for registration of their marriage. The victim's family persuaded her to withdraw the notice on a promise that they would get her married after her elder sister's marriage, but later did not fulfil that promise. On 18.05.2016, at about 8:30 p.m., the appellant and the victim met in a classroom in a school. The prosecution alleged that the appellant inflicted blows with a cutter on the victim's throat and other parts, causing her death, and also injured himself. Witnesses, including the victim's mother, saw the victim lying in a pool of blood and the appellant lying nearby injured. The appellant took a specific defence that both he and the victim decided to commit suicide due to family opposition and mental stress, that the victim herself had brought the cutter, and that he inflicted blows on his own wrist and neck and became unconscious. The trial court examined the defence and held it to be not probable, observing that the deceased had no strong reason to commit suicide, had a stable mind, and had an easy option to leave the house and marry the appellant. The trial court discarded the prosecution evidence regarding purchase of the cutter due to lack of linking evidence, but relied on the prompt lodging of the FIR and the testimony of PW-1 Kusum. The High Court heard the appeal and interim application, but the final appellate decision is not included in the provided excerpt. The excerpt records the trial court's conviction, the prosecution evidence, and the defence raised by the appellant.
Headnote
A) Criminal Law - Murder - Conviction based on circumstantial evidence and extra-judicial confession - Indian Penal Code, 1860, Section 302 - Trial court convicted appellant for murder relying on prompt FIR by PW-1 Kusum, who saw victim lying in blood and heard appellant say he had killed victim and wanted to die; defence of suicide pact held improbable because deceased had stable mind and no strong reason for suicide. Held that conviction was justified. (Paras 1, 7-9) B) Criminal Law - Attempt to Commit Suicide - Conviction and sentence - Indian Penal Code, 1860, Section 309 - Trial court convicted appellant under Section 309 IPC and sentenced to simple imprisonment for one year with fine, to run concurrently with murder sentence. Held guilty of attempt to suicide. (Para 1) C) Criminal Procedure - Set Off - Pre-trial detention set off - Code of Criminal Procedure, 1973, Section 428 - Trial court granted set off for period spent as undertrial prisoner from 28.06.2016. Held sentence to be reduced by period already undergone. (Para 1) D) Criminal Law - Maharashtra Police Act, 1951 - Section 135 - Acquittal - Trial court acquitted appellant of charge under Section 135 of Maharashtra Police Act as prosecution failed to establish that offence. Held not guilty under that provision. (Para 1) E) Criminal Law - Defence of Suicide Pact - Rejection of Defence - Indian Penal Code, 1860, Section 302 - Trial court held that deceased had no strong reason to commit suicide and had easy option to leave house and marry appellant; discarded prosecution evidence on purchase of cutter due to lack of linking evidence. Held that defence of suicide pact was not probable and murder charge stood. (Para 7)
Issue of Consideration
Whether the trial court was justified in convicting the appellant for murder under Section 302 IPC and attempt to commit suicide under Section 309 IPC based on circumstantial evidence; whether the defence of suicide pact was probable.
Final Decision
The trial court convicted the appellant under Section 302 IPC and Section 309 IPC, sentencing him to life imprisonment and one year SI respectively with concurrent sentences, and acquitted him under Section 135 Maharashtra Police Act; the final appellate decision is not mentioned in the provided excerpt.
Law Points
- Murder under Section 302 IPC
- attempt to commit suicide under Section 309 IPC
- conviction based on circumstantial evidence and prompt FIR
- defence of suicide pact not probable
- acquittal under Section 135 Maharashtra Police Act
- set off under Section 428 CrPC
