Case Note & Summary
The appellant, Deva alias Devendra s/o Ishwar Gabhane, was convicted by the Additional Sessions Judge, Bhandara, for offences under Sections 302, 354D, 241, 504 and 506(II) of the Indian Penal Code for the murder of a minor girl, Ku. Shilpa d/o Ramdas Jambhulkar, on 20.02.2015. The deceased was a student of 11th standard and used to travel to college by bicycle with other girls. On the day of the incident, the appellant stopped the deceased's bicycle, questioned her about a previous altercation with her mother, and when she proceeded, he followed her, cut her bicycle, causing her to fall, caught her by the hair, and inflicted blows on her neck with a sickle. The accompanying girls (PW3 and PW5) tried to intervene but were threatened by the appellant. They went to the college and informed teachers, who later confirmed the death. The prosecution examined child witnesses, medical evidence, and recovered the sickle. The appellant argued that the child witnesses were tutored and that the medical evidence did not support the prosecution case. The court, however, found the testimony of PW3 and PW5 to be reliable, corroborated by the medical evidence showing a cut injury on the neck, and the recovery of the sickle. The court upheld the conviction and sentence, including life imprisonment under Section 302 IPC, and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on testimony of child witnesses - The court held that the testimony of child witnesses (PW3 and PW5) was reliable and corroborated by medical evidence and recovery of weapon, and thus the conviction for murder was upheld (Paras 1-10). B) Criminal Law - Stalking - Section 354D IPC - The court found that the appellant's act of following the deceased and questioning her constituted stalking, and the conviction under Section 354D was upheld (Paras 1-10). C) Criminal Law - Causing Hurt by Dangerous Weapons - Section 241 IPC - The court held that the appellant's use of a sickle to inflict blows on the neck of the deceased amounted to causing hurt by dangerous weapons, and the conviction under Section 241 was upheld (Paras 1-10). D) Criminal Law - Intentional Insult to Provoke Breach of Peace - Section 504 IPC - The court found that the appellant's abusive language and threats to the deceased and her friends constituted intentional insult, and the conviction under Section 504 was upheld (Paras 1-10). E) Criminal Law - Criminal Intimidation - Section 506(II) IPC - The court held that the appellant's threat to kill the deceased's friends if they obstructed him amounted to criminal intimidation, and the conviction under Section 506(II) was upheld (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 354D, 241, 504 and 506(II) of the Indian Penal Code is sustainable based on the evidence of child witnesses and medical evidence.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Conviction under Section 302 IPC can be based on testimony of child witnesses if found reliable
- Section 354D IPC requires proof of stalking
- Section 241 IPC requires proof of causing hurt by dangerous weapons or means
- Section 504 IPC requires intentional insult to provoke breach of peace
- Section 506(II) IPC requires threat to cause death or grievous hurt.
