Case Note & Summary
The appellant, Sunil Ramchandra Khobragade, was convicted by the Additional Sessions Judge, Warora, for the murder of his wife Nirasha under Section 302 IPC and for causing hurt to Rahul under Section 323 IPC. The incident occurred on 02.05.2016 at around 7:00 AM at Mouza Shivapur, Bandar. The deceased had been living separately from the appellant for three months due to disputes. On the day of the incident, the appellant came to the house of the deceased's sister, Vandana, where the deceased was washing utensils. He insisted she accompany him, and upon her refusal, he attacked her with a sharp pointed iron tocha, inflicting multiple blows on her chest, forearm, and abdomen. Rahul, Vandana's son, tried to rescue her but was also assaulted. The deceased ran towards the house of Bandu Dhok, but the appellant chased and continued assaulting her. Two witnesses, Shalikram Gharat and Bandu Dhok, caught the appellant. The deceased was taken to Chimur Government Hospital and then to Nagpur General Hospital, but died on the way. The prosecution examined eye-witnesses, including Rahul, and medical evidence showing 12 injuries. The appellant argued that the evidence was insufficient and that the witnesses were interested. The High Court, after analyzing the evidence, found the testimony of Rahul credible and corroborated by medical evidence. The court held that the prosecution proved its case beyond reasonable doubt and upheld the conviction and sentence of life imprisonment under Section 302 IPC and rigorous imprisonment for three months under Section 323 IPC.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eye-witness testimony - The appellant was convicted for murdering his wife by inflicting multiple blows with an iron tocha. The court upheld the conviction relying on the testimony of an eye-witness (Rahul) and medical evidence showing 12 injuries. Held that the prosecution proved its case beyond reasonable doubt (Paras 1-22). B) Criminal Law - Hurt - Section 323 IPC - Conviction for causing hurt to rescuer - The appellant also assaulted Rahul, who tried to intervene. The court upheld the conviction under Section 323 IPC based on the testimony of Rahul and medical evidence (Paras 1-22).
Issue of Consideration
Whether the conviction of the appellant under Section 302 and Section 323 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence passed by the Additional Sessions Judge, Warora, dated 26.09.2017 is confirmed.
Law Points
- Murder
- Section 302 IPC
- Section 323 IPC
- Life Imprisonment
- Eye-witness Testimony
- Medical Evidence
- Motive
- Circumstantial Evidence
