Case Note & Summary
The appellant, Vishal Budhanand Thorat, was convicted by the Sessions Judge, Latur, for the murder of his wife, Neelam, under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs.2,000/-. The prosecution case was that on 21.10.2014, the appellant and his wife left the house of the deceased's parents together, stating they would go to Pune. They did not return, and the appellant's mobile phone was unreachable. On 22.10.2014, a dead body of a woman was found in a field, later identified as Neelam. The postmortem revealed death due to asphyxia by smothering. During investigation, the appellant was apprehended by the family members of the deceased, who claimed he confessed to killing Neelam. He was handed over to the police and arrested. The prosecution also relied on the recovery of the appellant's mobile phone from his aunt's house and a letter written by the appellant from jail to the deceased's father, which was treated as an extra-judicial confession. The trial court convicted the appellant. On appeal, the High Court examined the evidence, including the testimony of the deceased's father (PW-1) and brother (PW-2), who stated that the appellant and deceased were last seen together. The extra-judicial confession was corroborated by the recovery of the mobile phone and the letter. 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 - Extra-Judicial Confession - The appellant was convicted under Section 302 IPC for murdering his wife by smothering. The prosecution relied on last seen evidence, extra-judicial confession, and recovery of mobile phone. The court held that the chain of circumstances was complete and the extra-judicial confession was voluntary and credible. (Paras 1-20) B) Evidence Act - Extra-Judicial Confession - Credibility - The extra-judicial confession made by the accused to the father of the deceased and others was found to be voluntary and reliable, as it was made immediately after the incident and corroborated by other evidence. (Paras 10-15) C) Indian Penal Code, 1860 - Section 302 - Murder - Sentence - The appellant was sentenced to life imprisonment and fine of Rs.2,000/- for murder of his wife. The court upheld the sentence as appropriate. (Paras 1, 20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife based on circumstantial evidence and extra-judicial confession is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the learned Sessions Judge, Latur in Sessions Case No.8/2015 are confirmed.
Law Points
- Circumstantial evidence
- extra-judicial confession
- motive
- last seen together
- chain of circumstances
- Section 302 IPC
- Section 201 IPC
