Case Note & Summary
The appellant, Hivraj Uikey, was convicted by the Additional Sessions Judge, Gadchiroli for the murder of the deceased under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 7 April 2015 in a barren field near the accused's field. The prosecution case was that the accused approached Punnibai (PW-2) and Vanita (PW-3) and accused them of stealing wood from his field. When they denied, he abused them. The deceased intervened and asked why the accused was abusing them. The accused called the deceased closer and then struck him on the head with an axe, causing fatal injuries. The deceased was declared dead on arrival at the hospital. The accused himself went to the police station with the axe and confessed, leading to registration of Crime No. 03/2015. After investigation, chargesheet was filed and the case was committed to Sessions Court. The trial court framed charges, which the accused denied. The prosecution examined 12 witnesses, including two eyewitnesses (PW-2 and PW-3). The accused in his statement under Section 313 CrPC claimed false implication due to rivalry but did not lead any evidence except examining his father as a defence witness. The trial court convicted him. On appeal, the High Court examined the evidence and found the eyewitness accounts credible and consistent. The extra-judicial confession by the accused further strengthened the prosecution case. 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 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and extra-judicial confession - The appellant was convicted for murder of deceased by axe assault. The prosecution examined two eyewitnesses (PW-2 and PW-3) who testified to the incident. The accused himself went to police station with axe and confessed. The court upheld the conviction, finding the evidence credible and consistent. (Paras 1-4) B) Evidence Law - Extra-judicial Confession - Credibility - The accused's confession to police and production of weapon was considered as extra-judicial confession. The court relied on it along with eyewitness accounts to establish guilt. (Para 3) C) Criminal Procedure - Trial - Section 313 CrPC - Defence of false implication - The accused raised defence of rivalry but failed to prove it. The court rejected the defence as unsubstantiated. (Para 4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of Indian Penal Code is sustainable based on the evidence of eyewitnesses and the extra-judicial confession made by the accused.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Section 302 IPC.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Extra-judicial confession
- Circumstantial evidence
- Credibility of witnesses
- Motive
