Case Note & Summary
The appellant, Kalidas s/o Kundlik Lomte, was convicted by the Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013 for offences under Sections 302 and 324 of the Indian Penal Code, 1860 for the murder of his wife Sumanbai and causing hurt to his minor son Suraj. The prosecution case was that on 13.06.2012, after returning from work, the appellant quarreled with his wife and assaulted her with an axe and koyta, causing her death. When his son Suraj intervened, the appellant also attacked him, causing injuries on his head, chin, left ear, and left hand. The appellant then locked the house from outside. The minor son managed to escape and informed his uncle and grandparents, leading to the registration of an FIR. The trial court convicted the appellant based on the testimony of the minor son, medical evidence, and other circumstances. The appellant appealed to the Bombay High Court, challenging the conviction. The High Court examined the evidence, particularly the testimony of the minor son (PW1), who was found to be a natural and credible witness. The medical evidence corroborated the injuries. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction - Appeal against conviction for murder of wife and causing hurt to son - Minor son's testimony found credible and reliable despite being a child witness - Medical evidence corroborated the ocular testimony - Appeal dismissed (Paras 1-25). B) Evidence Law - Child Witness - Credibility - Minor son aged 16 years testified about the incident - Court held that his deposition was natural, consistent, and trustworthy - No reason to disbelieve him - Conviction upheld (Paras 10-15). C) Criminal Law - Attempt to Murder - Section 324 IPC - Hurt by dangerous weapon - Accused assaulted his son with axe and koyta causing injuries - Conviction under Section 324 IPC confirmed (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code, 1860 is sustainable based on the evidence of the minor son and other circumstances.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No. 180 of 2013 are confirmed.
Law Points
- Conviction under Section 302 IPC for murder
- Section 324 IPC for voluntarily causing hurt by dangerous weapons
- credibility of child witness
- dying declaration
- medical evidence corroborating ocular testimony
