Case Note & Summary
The appellant, Hanmant Nagnath Surwase, was convicted under Section 302 IPC for the murder of his wife, Janabai, on the ground of her infidelity. The prosecution case was that on 07/05/2011, the appellant approached the Taluka Police Station, Solapur, and informed that he had killed his wife with a sickle. The police then called the Ex-Police Patil, Shahaji Sajjanrao Patil (PW-3), who went to the appellant's house and found the deceased's body with a severe neck injury and a blood-stained sickle. The appellant was present at the police station and confessed to the murder. The FIR was registered, and investigation revealed that the appellant had committed the murder while his wife was asleep. The trial court convicted the appellant, and the appeal challenged the conviction. The High Court examined the evidence, including the extra-judicial confession and the discovery of the body and weapon. The court found that the extra-judicial confession was voluntary and reliable, and the circumstantial evidence was consistent with the appellant's guilt. The court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Extra-judicial Confession - Section 302 Indian Penal Code, 1860 - The appellant accused of murdering his wife on suspicion of infidelity, gave an extra-judicial confession to the informant and police, which was corroborated by discovery of the body and blood-stained sickle. The court held that the extra-judicial confession was voluntary and reliable, and the circumstantial evidence completed the chain pointing to the appellant's guilt. (Paras 1-4) B) Evidence Law - Extra-judicial Confession - Reliability - The court considered the extra-judicial confession made by the appellant to the informant and police, and found it to be consistent and corroborated by other evidence. The court held that such confession, if voluntary and true, can form the basis of conviction. (Paras 3-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on extra-judicial confession and circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Extra-judicial confession
- Circumstantial evidence
- Murder
- Section 302 IPC
- Conviction upheld
