Case Note & Summary
The appellant, Kailash Vithal Waghmare, was convicted under Section 302 of the Indian Penal Code for the murder of his wife. The incident occurred when the appellant returned home and demanded food; the deceased wife suggested he eat the food prepared in the morning and promised to prepare fresh food later. Enraged, the appellant fetched an axe and struck her on the back and the back of her ear, causing her death. The appellant then took his son, PW8 Roshan, to the police station and gave information. The police sent PW4 Bhimrao to verify the information, and thereafter an FIR was registered. The trial court convicted the appellant based on the testimony of the child witness (PW8), the extra-judicial confession, and other circumstantial evidence. The appellant appealed, arguing that the child witness was tutored, the FIR was delayed, and there was no independent corroboration. The High Court examined the evidence and found that the child witness, aged about 10 years at the time of the incident, gave a consistent and credible account of the events. The court noted that the child was not tutored and his testimony was corroborated by the medical evidence and the extra-judicial confession. The court also held that the delay in FIR was explained as the appellant himself went to the police station and gave information, and the FIR was registered after verification. The court dismissed the appeal and upheld the conviction and life sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Child Witness - Testimony of child witness can be relied upon if the child is competent to testify and the testimony is credible and trustworthy; no corroboration is required if the testimony inspires confidence (Paras 10-15). B) Criminal Law - FIR - Delay in FIR - Delay in lodging FIR is not fatal if there is a plausible explanation for the delay; in the present case, the appellant himself went to the police station and gave information, and the FIR was registered after verification (Paras 6-8). C) Criminal Law - Extra-Judicial Confession - Extra-judicial confession made by the accused to the police can be considered if it is voluntary and true; however, it cannot be the sole basis for conviction without corroboration (Paras 16-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on the testimony of a child witness and other circumstantial evidence is sustainable
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC passed by the learned Additional Sessions Judge, Bhokar, District Nanded in Sessions Case No.38 of 2014 is upheld.
Law Points
- Child witness testimony can be relied upon if found credible and trustworthy
- no requirement of corroboration if testimony inspires confidence
- delay in FIR not fatal if explained
- extra-judicial confession can be basis of conviction if voluntary and true
