Case Note & Summary
The appellant, Husenkhan Nurkhan Pathan, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife and sentenced to life imprisonment by the Additional Sessions Judge-6, Aurangabad in Sessions Case No.341 of 2014. The incident occurred on 21-08-2014 when the appellant, after a quarrel with his wife over his parents, struck her on the head with a stone. He then pretended that thieves had entered the house and raised an alarm. The police initially registered a case against unknown persons, but during investigation, the appellant's minor son (PW2) gave evidence that he witnessed his father hitting his mother with a stone. The trial court relied on the child witness's testimony and circumstantial evidence to convict the appellant. The appellant appealed to the Bombay High Court, arguing that the child witness was tutored and that the alleged confession to police was inadmissible. The High Court, after examining the evidence, found that the child witness was natural, consistent, and not tutored, and that his testimony was corroborated by other circumstances, including the medical evidence and the appellant's conduct. The court dismissed the appeal and upheld the conviction and life sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on child witness - Child witness testimony can be relied upon if found credible and not tutored - Court held that the child witness in this case was natural and consistent, and his evidence was corroborated by other circumstances (Paras 1-15).
B) Evidence Law - Extra-judicial Confession - Admissibility - Confession made to police is inadmissible under Section 25 of the Indian Evidence Act - However, the court did not rely on the alleged confession to police, but on other evidence (Paras 3-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on child witness testimony and circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC passed by the trial court are upheld.
Law Points
- Section 302 IPC
- Section 374 CrPC
- child witness credibility
- extra-judicial confession
- circumstantial evidence
Case Details
2023 LawText (BOM) (10) 46
Criminal Appeal No.744 of 2016
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Shaikh Kayyum Najir (for appellant), Mr. A.M. Phule (APP for respondent)
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Nature of Litigation
Criminal appeal against conviction and sentence for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal by challenging the judgment and order of conviction passed by the trial court.
Filing Reason
Appellant was convicted for murder of his wife and sentenced to life imprisonment.
Previous Decisions
Trial court convicted appellant under Section 302 IPC and sentenced him to life imprisonment.
Issues
Whether the child witness testimony is reliable and not tutored.
Whether the conviction based on circumstantial evidence is sustainable.
Submissions/Arguments
Appellant argued that the child witness was tutored and his evidence should not be relied upon.
Appellant argued that the alleged confession to police is inadmissible under Section 25 of the Indian Evidence Act.
Prosecution argued that the child witness was natural and consistent, and his testimony was corroborated by other evidence.
Ratio Decidendi
The court held that the testimony of a child witness can be relied upon if it is found to be natural, consistent, and not tutored. In this case, the child witness's evidence was credible and corroborated by other circumstances, including medical evidence and the appellant's conduct, thereby sustaining the conviction under Section 302 IPC.
Judgment Excerpts
By invoking Section 374 of the Code of Criminal Procedure Code, convict appellant is hereby assailing the judgment and order of conviction passed by the learned Additional Sessions Judge-6, Aurangabad in Sessions Case No.341 of 2014 holding him guilty and sentencing him to suffer imprisonment for life for commission of offence under Section 302 of the Indian Penal Code (IPC).
Procedural History
The appellant was convicted and sentenced to life imprisonment by the Additional Sessions Judge-6, Aurangabad in Sessions Case No.341 of 2014. He appealed to the Bombay High Court under Section 374 CrPC. The High Court reserved judgment on 10 October 2023 and pronounced on 17 October 2023, dismissing the appeal.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
- Code of Criminal Procedure, 1973 (CrPC): 374
