Case Note & Summary
The case pertains to the murder of Prithviraj @ Nannya Jayraj Sardar, aged 19, on 13 September 2011 between 10.15 to 10.30 am. The appellants, Mangesh Pandurang Bandagle (accused No.1) and Ganesh Avinash Khetam @ Babu (accused No.2), were convicted by the trial court under Section 302 read with 34 IPC and sentenced to life imprisonment. The prosecution case was that 3-4 months prior to the incident, there was a fight between the deceased and accused No.1, leading to the deceased's arrest on a complaint by accused No.1, creating enmity. On the day of the incident, the deceased was last seen with the appellants near a temple. Later, his dead body was found with stab wounds. The motive was revenge for the earlier arrest. The trial court relied on circumstantial evidence: last seen evidence, motive, and recovery of a knife at the instance of accused No.1. The appellants appealed against the conviction. The High Court, after hearing arguments, held that the circumstantial evidence formed a complete chain pointing to the guilt of the appellants. The court found that the trial court had properly appreciated the evidence and the conviction was sustainable. The appeals were dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Motive - Recovery of Weapon - Indian Penal Code, 1860, Sections 302, 34 - Appellants convicted for murder of deceased based on circumstantial evidence including last seen together, motive due to prior enmity, and recovery of knife at instance of accused No.1 - Court held that the chain of circumstances was complete and consistent only with guilt of appellants, and the trial court's findings were based on proper appreciation of evidence (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 IPC is sustainable based on circumstantial evidence, including last seen evidence, motive, and recovery of the weapon.
Final Decision
Both appeals dismissed. Conviction and sentence under Section 302 read with 34 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- recovery of weapon
- Section 302 IPC
- Section 34 IPC
- Section 120-B IPC
