Case Note & Summary
The appellant, Sumit Brijbihari Giri, was convicted by the Second Additional Sessions Judge, Thane, in Sessions Case No. 287/2008 for the murder of Samantha Fernandes under Section 302 IPC and for attempt to commit suicide under Section 309 IPC, and sentenced to life imprisonment and six months simple imprisonment respectively. The prosecution case was that on 20 March 2008, the appellant and the deceased were found in a locked room at Aniket Lodge, both injured, with a blood-stained knife and a diary containing a suicide note stating that the appellant was responsible for the death of Samantha and himself, and that Samantha was cheating him for five years. The deceased died from stab injuries, while the appellant survived after consuming poison. The appellant appealed against the conviction under Section 374(2) CrPC. The High Court examined the evidence, which was entirely circumstantial, including the suicide note, the injuries on both parties, and the fact that the appellant was found alive. The court noted that the prosecution failed to prove motive or intention to cause death, and that the circumstances suggested a suicide pact rather than murder. The court held that the conviction under Section 302 IPC was not sustainable as there was no evidence of intention to cause death, but the appellant had knowledge that his act was likely to cause death, thus altering the conviction to Section 304 Part II IPC (culpable homicide not amounting to murder). The conviction under Section 309 IPC was also set aside. The appellant was sentenced to 10 years rigorous imprisonment under Section 304 Part II IPC, with the period already undergone set off under Section 428 CrPC.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - In present case, prosecution failed to prove motive and intention to cause death - Appellant and deceased were in a relationship and found injured in locked room with suicide note - Held that conviction under Section 302 IPC cannot be sustained as there is no evidence of intention to cause death (Paras 1-37). B) Criminal Law - Culpable Homicide - Section 304 Part II IPC - Knowledge but no intention - Where accused and deceased were in a suicide pact and accused inflicted injuries on deceased, but there is no evidence of intention to cause death, offence falls under Section 304 Part II IPC - Appellant convicted under Section 304 Part II IPC and sentenced to 10 years RI (Paras 37-38). C) Criminal Law - Attempt to Commit Suicide - Section 309 IPC - Conviction set aside - Since appellant was acquitted of murder and convicted under Section 304 Part II IPC, and the act was part of suicide pact, conviction under Section 309 IPC is not sustainable (Para 38).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder and Section 309 IPC for attempt to commit suicide is sustainable in law, particularly when the evidence is circumstantial and the appellant himself sustained injuries in an alleged suicide pact.
Final Decision
The appeal is partly allowed. The conviction under Section 302 IPC is set aside and altered to Section 304 Part II IPC. The appellant is convicted under Section 304 Part II IPC and sentenced to 10 years rigorous imprisonment. The conviction under Section 309 IPC is set aside. The period of imprisonment already undergone shall be set off under Section 428 CrPC.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Section 309 IPC
- Section 374(2) CrPC
- Section 313 CrPC
- Section 106 Evidence Act
- Section 27 Evidence Act
- dying declaration
- circumstantial evidence
- last seen theory
- motive
- intention
- knowledge
- culpable homicide
- suicide pact
- benefit of doubt
