Case Note & Summary
The appellant, Shaikh Nabab Shaikh Khajamiya, was convicted by the Additional Sessions Judge, Ambajogai, for the murder of his wife, Shaikh Taslim, under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment. The prosecution case was that the appellant married Taslim in 2003, and they had four children, all daughters. The appellant was dissatisfied with the birth of daughters and started harassing Taslim, demanding a son. About 2½ months before the incident, the appellant left Taslim at her parental home, but later took her back to Parali. Eight days before the FIR, the appellant took Taslim to Parali. On 1st October 2012, the informant (Taslim's brother) lodged a report that Taslim had been murdered. The prosecution relied on circumstantial evidence, including motive (dissatisfaction over daughters), last seen together, and recovery of the dead body. The trial court convicted the appellant. The High Court, on appeal, examined the evidence and found that the motive was clearly established, and the last seen theory was corroborated by witnesses. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Last Seen Theory - Section 302 Indian Penal Code, 1860 - Conviction based on motive of dissatisfaction over birth of daughters and last seen evidence - Held that the chain of circumstances was complete and pointed only to the guilt of the appellant (Paras 1-20). B) Criminal Law - Dowry Death - Section 304B IPC - Not applicable as death occurred within 7 years of marriage but no evidence of dowry demand - Held that Section 304B was not attracted (Paras 2-5). C) Criminal Law - Cruelty by Husband - Section 498A IPC - Evidence of harassment for bringing insufficient dowry and for giving birth to daughters - Held that cruelty was established but the main charge was murder (Paras 6-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife is sustainable based on circumstantial evidence, including motive and last seen theory.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Murder
- Motive
- Last Seen Theory
- Circumstantial Evidence
- Section 302 IPC
- Dowry Death
- Section 304B IPC
- Section 498A IPC
