Case Note & Summary
The appellant, Yakinali Nasirali Shaikh, was convicted under Section 302 of the Indian Penal Code for the murder of Akbar Sardar Khan and sentenced to life imprisonment by the Additional Sessions Judge, Thane on 23rd November 2011 in Sessions Case No.246 of 2010. The incident occurred on 12th March 2010. The prosecution case was based on circumstantial evidence. The appellant was the driver of one Samsunissa Gulam Rasool Patel. The deceased was also a driver. The appellant had an illicit relationship with the wife of the deceased, which provided motive. On the day of the incident, the appellant was last seen with the deceased. The body of the deceased was found with injuries. The appellant absconded after the incident and was arrested later. During the pendency of the appeal, the appellant absconded from Central Prison, Kolhapur when released on parole, and a non-bailable warrant was pending. The court examined the evidence of witnesses, including the complainant Nasrin Abdul Ajij Khan (PW2), Rubina Hussain Shaikh (PW3), Nayma Najim Shah Mulla (PW4), and Rehana Sameer Shendule (PW12). The court found that the chain of circumstances was complete and consistent only with the guilt of the appellant. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on last seen theory, motive, and absconding - The appellant was convicted for murder of Akbar Sardar Khan. The court held that the chain of circumstances, including the appellant being last seen with the deceased, motive due to illicit relationship, and abscondence, was complete and pointed only to the guilt of the appellant. (Paras 1-20) B) Criminal Procedure - Absconding - Effect on Appeal - The appellant absconded during pendency of appeal. The court noted that absconding is a relevant circumstance but proceeded to decide the appeal on merits. (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable on the basis of circumstantial evidence.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- absconding
- conviction under Section 302 IPC
