Case Note & Summary
The appellant, Sanjay Devaji Ramteke, was convicted by the 4th Additional Sessions Judge, Chandrapur, for the murder of Kunda, the wife of Purushottam Undirwade (PW1), under Section 302 IPC, and for house trespass under Section 449 IPC. The prosecution case was that the appellant had lent Rs. 2,000 and sold sand worth Rs. 1,200 on credit to Purushottam, who owed him Rs. 3,200. On 30.04.2015, the appellant demanded repayment but was asked to wait a week. On 02.05.2015, at around 9:00 a.m., Purushottam left for work, leaving his wife Kunda and daughter Pratiksha (PW2) at home. At 10:15 a.m., Pratiksha called her father to inform that her mother had suffered head injuries and was taken to the hospital by her maternal uncle. Purushottam returned and found his wife with injuries on her nose and face; she was later declared dead. The appellant was arrested and, at his instance, a blood-stained axe was recovered. The trial court convicted the appellant based on circumstantial evidence, including the last seen theory (Pratiksha saw the appellant entering the house and later found her mother injured), motive (non-repayment of debt), and recovery of the weapon. The appellant appealed against the conviction. The High Court, after examining the evidence, held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court found that the testimony of Pratiksha (PW2) was credible and corroborated by other evidence. The motive was established by the loan transaction. The recovery of the axe at the appellant's instance further strengthened the case. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 449 IPC - Conviction based on last seen theory, motive, and recovery of weapon - The appellant was convicted for murdering the wife of a debtor after demanding repayment of a loan. The court held that the chain of circumstances, including the appellant being last seen with the deceased, the recovery of the murder weapon at his instance, and the motive of non-repayment of debt, was complete and pointed only to the guilt of the appellant. (Paras 1-20) B) Criminal Law - House Trespass - Section 449 IPC - House trespass in order to commit murder - The appellant entered the deceased's house with the intention to commit murder, which was established by the evidence of the daughter who saw the appellant entering the house and later found her mother injured. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 449 of the Indian Penal Code, 1860 (IPC) is sustainable based on circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 302 and 449 IPC are upheld.
Law Points
- Murder
- House Trespass
- Circumstantial Evidence
- Last Seen Together
- Motive
- Recovery of Weapon
- Section 302 IPC
- Section 449 IPC
