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 learned Additional Sessions Judge-6, Aurangabad in Sessions Case No.341 of 2014. The appellant appealed against this conviction before the Bombay High Court. The case of the prosecution was that on 21-08-2014, the appellant murdered his wife by thrusting a stone on her head following a quarrel over his intention to maintain his old aged parents. The appellant initially claimed that unknown thieves had committed the murder, but later confessed to the police. The prosecution relied on the testimony of a child witness (PW2), the son of the appellant and deceased, who claimed to have witnessed the incident. The appellant argued that the child was tutored and that the extra-judicial confession to the police was inadmissible. The High Court, after examining the evidence, found that the child witness's testimony was natural, consistent, and not tutored. The court also noted that the medical evidence corroborated the cause of death. The court held that the conviction was based on reliable evidence and dismissed the appeal, upholding the life imprisonment sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Child Witness - Reliability - The court examined the testimony of a child witness (PW2) who was the son of the deceased and appellant. The court held that the child's evidence was natural, consistent, and not tutored, and therefore reliable. The conviction based on such testimony was upheld. (Paras 1-15) B) Criminal Law - Extra-Judicial Confession - Admissibility - The court considered the extra-judicial confession made by the appellant to the police. It was held that such confession is inadmissible under the Evidence Act, but the court relied on other evidence including the child witness and medical evidence to sustain the conviction. (Paras 1-15) C) Criminal Law - Circumstantial Evidence - Murder - The court found that the chain of circumstances, including the appellant's conduct, the child witness's testimony, and the medical evidence, pointed to the guilt of the appellant. The conviction under Section 302 IPC was confirmed. (Paras 1-15)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on child witness testimony and extra-judicial confession is sustainable.
Final Decision
The appeal is dismissed. The judgment and order of conviction passed by the learned Additional Sessions Judge-6, Aurangabad in Sessions Case No.341 of 2014 is confirmed.
Law Points
- Child witness testimony
- reliability of child witness
- extra-judicial confession
- admissibility of confession to police
- circumstantial evidence
- murder under Section 302 IPC
