Case Note & Summary
The appellant, Tulshiram S/o Balaji Pupalwad, was convicted by the Additional Sessions Judge at Biloli for the murder of Shankar Venkat Papulwad under Section 302 of the Indian Penal Code. The incident occurred on 15.12.2010 at about 1.00 p.m. near the deceased's house in Patoda village. The deceased, along with others, was weighing soyabean when the appellant, armed with a big knife, attacked him. The appellant gave a knife blow to the deceased's abdomen and a second blow to his neck, stating that the deceased had ruined his life by supporting the opposite party in Grampanchayat elections, causing his defeat. The deceased was taken to Barbada hospital and later referred to Nanded, where he succumbed to injuries. The prosecution examined witnesses including the first informant (son of deceased), an eyewitness, and the Executive Magistrate who recorded the dying declaration. The trial court convicted the appellant. In appeal, the High Court examined the evidence, particularly the dying declaration, which was recorded by the Executive Magistrate after certification by a doctor that the deceased was conscious. The court found the dying declaration to be voluntary, consistent, and corroborated by medical evidence. The motive of political rivalry was established through evidence of election contests. The court upheld the conviction, finding no reason to interfere with the trial court's judgment.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on dying declaration and motive - The appellant was convicted for murdering the deceased by giving knife blows on abdomen and neck due to political rivalry in Grampanchayat elections - The court upheld the conviction relying on the dying declaration of the deceased recorded by the Executive Magistrate and the medical evidence corroborating the injuries - Held that the dying declaration was voluntary, consistent, and trustworthy, and the motive was established through election rivalry (Paras 1-34).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence of motive, dying declaration, and medical evidence.
Final Decision
Appeal dismissed. Conviction of appellant under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Motive
- Dying Declaration
- Medical Evidence
- Credibility of Witnesses
