Case Note & Summary
The appellant, Shaikh Akbar Shaikh Akhtar, was convicted by the Additional Sessions Judge, Jalna in Sessions Case No.101/2016 on 04.07.2017 for offences under Sections 302 and 498-A of the Indian Penal Code, 1860 (IPC). He was sentenced to life imprisonment for murder and rigorous imprisonment for three years for cruelty. The appellant challenged his conviction before the Bombay High Court at Aurangabad. The case arose from the death of Rehana, the appellant's wife, on the night of 15.04.2016. The couple had been married for about 2½ years and had two young sons. The prosecution alleged that the appellant was suspicious of his wife's character and frequently quarreled with and assaulted her. On the night of the incident, the informant (father of the deceased) heard that the appellant was assaulting Rehana. He went to their house with his wife and son and saw through a gap in the door that the appellant was throttling Rehana with both hands while she lay on the ground. The door was locked from inside, and despite requests, the appellant did not open it until police arrived. After the door was opened, Rehana was found unconscious and was taken to the hospital, where she was declared dead. The postmortem report indicated death due to asphyxia by strangulation. The appellant was arrested from the spot. The trial court convicted him based on the testimony of the eyewitnesses (father, mother, and brother of the deceased), medical evidence, and other circumstantial evidence. The High Court, after hearing arguments, upheld the conviction, finding that the prosecution had proved its case beyond reasonable doubt. The court noted that the eyewitnesses were natural and credible, and their testimony was corroborated by medical evidence. The court also found that the appellant's conduct of locking the door and refusing to open it was incriminating. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on direct eyewitness testimony and medical evidence - The appellant was convicted for murdering his wife by throttling her. The prosecution examined eyewitnesses who saw the appellant strangling the deceased through a gap in the door. The medical evidence confirmed death due to asphyxia by strangulation. The court held that the evidence of the eyewitnesses was credible and corroborated by medical opinion, and the conviction was upheld. (Paras 1-20) B) Criminal Law - Cruelty by Husband - Section 498-A IPC - Persistent suspicion and physical assault - The prosecution established that the appellant used to suspect the character of his wife and assault her, constituting cruelty. The court held that the evidence of the informant (father of deceased) regarding complaints of cruelty was sufficient to prove the offence under Section 498-A IPC. (Paras 2-10) C) Evidence Law - Credibility of Eyewitnesses - Related Witnesses - The eyewitnesses were the father, mother, and brother of the deceased. The court held that their testimony was natural and trustworthy, and their relationship did not affect their credibility. The court relied on the principle that related witnesses are not necessarily untruthful. (Paras 12-18)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 498-A 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 498-A IPC confirmed.
Law Points
- Murder
- Cruelty
- Circumstantial Evidence
- Eyewitness Testimony
- Medical Evidence
- Motive
- Last Seen Theory
