Case Note & Summary
The appellant, Vicky Amar Gomes, was convicted by the Additional Sessions Judge, Pune, for the murder of Ajay Kamble under Section 302 IPC and for outraging the modesty of the informant, Kajal Kamble (PW-1), under Section 509 IPC. The prosecution case was that the appellant, who resided on the same footpath as the informant and her family, repeatedly pestered the informant to marry him, leading to quarrels with her husband. On the night of 28th May 2012, after a quarrel, the appellant threatened the deceased and went to sleep. At around 5:00-5:30 am on 29th May 2012, the appellant awakened the informant and asked her to come with him to sleep. When she refused, he brought a big stone and hurled it on the head of the deceased, causing fatal injuries. The appellant was last seen near the spot. The trial court convicted him based on circumstantial evidence, including motive, last seen evidence, and medical evidence. The High Court, in appeal, upheld the conviction, finding that the prosecution had proved its case beyond reasonable doubt. The court noted that the appellant's conduct of repeatedly demanding the informant to marry him and the quarrel with the deceased established motive. The medical evidence confirmed that the death was due to a head injury caused by a blunt object, consistent with the stone. The appellant's presence at the scene and his subsequent flight were also considered. The court dismissed the appeal and confirmed the sentences of life imprisonment for murder and three months simple imprisonment for outraging modesty, with fines.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Circumstantial Evidence - Conviction based on motive, last seen together, and medical evidence - Appellant repeatedly demanded informant to marry him and quarreled with deceased - On the night of incident, appellant threatened deceased and later was seen near the spot - Stone used to cause fatal head injury - Held that prosecution proved case beyond reasonable doubt (Paras 1-11). B) Criminal Law - Outraging Modesty of Woman - Section 509 Indian Penal Code, 1860 - Appellant awakened informant and asked her to come with him to sleep - This act constituted an insult to the modesty of the woman - Held that conviction under Section 509 IPC is proper (Paras 1-11).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 509 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 509 IPC confirmed.
Law Points
- Murder
- Outraging modesty of woman
- Circumstantial evidence
- Motive
- Last seen together
- Medical evidence
- Section 302 IPC
- Section 509 IPC
