Case Note & Summary
The appellant, Jalinder @ Vicky @ Vivek Ramchandra Jadhav, was convicted by the Sessions Judge, Thane, for the murder of Nirale Shaikh under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 04.05.2013, the appellant, who worked as a helper for the complainant Samir Giri (PW5), had a quarrel with the deceased. Later that night, when Samir Giri and others were trying to settle the dispute, the appellant arrived with a knife and inflicted a single blow on the deceased's abdomen, causing fatal injuries. The deceased was taken to hospital but died. The appellant was charged and convicted. The appeal challenged the conviction on grounds that the case fell under Exception 4 to Section 300 IPC (sudden quarrel without premeditation) and that the evidence was insufficient. The High Court examined the evidence, including ocular testimony of PW5, PW8, and PW2, the dying declaration of the deceased, extra-judicial confession by the appellant, and medical evidence. The court found that the appellant came to the spot with a knife, indicating premeditation, and that the single blow on a vital part showed intention to cause death. The dying declaration was reliable and corroborated. The extra-judicial confession was voluntary. The court held that the prosecution proved its case beyond reasonable doubt and that Exception 4 did not apply. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Single Knife Blow - Intention to Cause Death - The appellant inflicted a single knife blow on the abdomen of the deceased, causing fatal injury. The court held that the nature of the injury, the weapon used, and the vital part targeted indicate intention to cause death or knowledge that death was likely, thus sustaining conviction under Section 302 IPC. (Paras 1-21) B) Criminal Law - Exception 4 to Section 300 IPC - Sudden Quarrel - Premeditation - The appellant arrived at the spot with a knife, indicating premeditation. The court held that Exception 4 requires a sudden quarrel without premeditation, which was not satisfied as the appellant came armed. (Paras 15-18) C) Evidence Law - Dying Declaration - Reliability - The dying declaration of the deceased was recorded by a Special Executive Magistrate and corroborated by medical evidence. The court found it reliable and voluntary, supporting the prosecution case. (Paras 10-12) D) Evidence Law - Extra-Judicial Confession - Credibility - The appellant made an extra-judicial confession to PW5 (complainant) and PW8 (wife of complainant). The court held that such confession, if voluntary and corroborated, can be relied upon. (Paras 13-14) E) Criminal Procedure - Appeal Against Conviction - Appreciation of Evidence - The High Court re-appreciated the evidence and found the prosecution case proved beyond reasonable doubt. The appeal was dismissed and conviction upheld. (Paras 19-21)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder based on a single knife blow is sustainable, and whether the case falls under any exception to Section 300 IPC, particularly Exception 4 (sudden quarrel without premeditation).
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC imposed by the Sessions Judge, Thane on 30.11.2015 are upheld.
Law Points
- Section 302 IPC
- murder
- single knife blow
- intention to cause death
- knowledge of likely death
- sudden provocation
- Exception 4 to Section 300 IPC
- common intention
- dying declaration
- extra-judicial confession
- motive
- recovery of weapon
- medical evidence
- ocular evidence
