Case Note & Summary
The appellant, Jitendra Motilal Nirmal, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Savitribai. The couple, along with their 18-month-old daughter, had moved to Aurangabad in search of work. On 15 May 2014 at about 00:15 hours, the appellant's employer, Shaikh Juman, received a call from Amrutkumar informing him that Savitribai was serious. Upon reaching the appellant's residence, Shaikh Juman found Savitribai lying motionless on a mat. She was taken to GHATI Hospital, Aurangabad, where she was declared dead. The post-mortem report indicated death due to strangulation. The prosecution's case was based on circumstantial evidence, including the appellant's presence at the scene, his false explanation that Savitribai had consumed poison, and the medical evidence contradicting that claim. The trial court convicted the appellant, and the High Court upheld the conviction, finding that the chain of circumstances was complete and the motive was established.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 IPC - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - In the present case, the appellant was last seen with the deceased, gave false explanation, and motive was established - Held that the chain of circumstances was complete and conviction was proper (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction under Section 302 IPC upheld
Law Points
- Circumstantial evidence
- motive
- last seen theory
- Section 302 IPC
- Section 106 Indian Evidence Act
- Section 313 CrPC
