Case Note & Summary
The appellant, Usman @ Abdul Gadi Shaikh, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his estranged wife, Reshma. The incident occurred on 11.03.2007 at about 7:15 p.m. when Reshma was sitting with her friend PW-1 Amina in front of their building. The appellant approached them, asked Reshma to return to their matrimonial home, and upon her refusal, he attacked her with a sickle (sattur) on her forehead, face, and neck. Reshma sustained grievous injuries and fell to the ground. PW-1 raised a shout, and several people gathered, including PW-5, PW-6, and PW-8, who witnessed the assault. The appellant attempted to flee but was apprehended by the crowd and tied with PW-1's dupatta. The weapon fell at the spot. PW-8 informed the police immediately. The trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment. The appellant appealed against the conviction. The High Court examined the evidence of the eyewitnesses and found their testimonies to be consistent, credible, and corroborated by the medical evidence. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Direct Eye Witness Evidence - Conviction upheld based on consistent and credible testimonies of four eyewitnesses who saw the appellant attack the deceased with a sickle - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on direct eye witness evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Section 302 IPC
- murder
- direct eye witness evidence
- credibility of witnesses
- conviction upheld
Case Details
2022 LawText (BOM) (08) 98
Criminal Appeal No. 943 of 2015
A.S. Gadkari, Milind N. Jadhav
Ms. Sonia Miskin, Mr. Ajay Patil
Usman @ Abdul Gadi Shaikh
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant was convicted for murder of his estranged wife based on direct eye witness evidence
Previous Decisions
Trial court convicted appellant under Section 302 IPC and sentenced to life imprisonment
Issues
Whether the conviction under Section 302 IPC based on direct eye witness evidence is sustainable
Submissions/Arguments
Appellant argued that the evidence of eyewitnesses was not credible
State argued that the testimonies of PW-1, PW-5, PW-6, and PW-8 were consistent and reliable
Ratio Decidendi
Direct eye witness evidence of four witnesses, consistent and corroborated by medical evidence, is sufficient to prove murder beyond reasonable doubt under Section 302 IPC.
Judgment Excerpts
This Appeal questions legality of Judgment and Order dated 01.08.2008 passed by learned Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No. 465 of 2007 convicting Appellant (original accused) under Section 235(2) of the Code of Criminal Procedure for offence punishable under Section 302 Indian Penal Code, 1860 and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/- and in default thereof, suffer further rigorous imprisonment for one year.
Prosecution case is based upon direct eye witness evidence of PW-1, PW-5, PW-6 and PW-8.
Procedural History
Trial court convicted appellant on 01.08.2008; appellant filed Criminal Appeal No. 943 of 2015 before Bombay High Court; High Court dismissed appeal on 26.08.2022.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 235(2)
