Case Note & Summary
The appeal arose from the judgment and order dated 26-02-2015 of the Additional Sessions Judge, Biloli, District Nanded, in Sessions Case No.38 of 2013, convicting the appellant (original accused No.1) under Section 302 of the Indian Penal Code, 1860 and sentencing him to life imprisonment for the murder of his wife Rekha and daughter Vaishnavi. The crime was allegedly committed on 23-07-2013 at the couple's residence in Degloor. According to prosecution case, Rekha married Bhima in 2007 and a dowry of Rs.1,51,000 was given. After the birth of their daughter, the husband and in-laws began demanding Rs.1,00,000 for repaying a housing loan and starting a jewellery business, and harassed Rekha physically and mentally. Bhima was also accused of having an illicit relationship with Asha, the wife of his brother Ram (accused No.5). On the day of the incident, the father of Rekha (PW1) received a call from her maternal uncle (PW3) that the house was locked and Rekha and Vaishnavi were unresponsive. By the time the parents arrived, police had broken the lock and found both mother and child dead from throttling. An FIR was lodged implicating Bhima and four others (his brother, mother, sister, and Asha). The trial court, after examining eight prosecution witnesses, acquitted accused Nos. 2 to 5 of all charges and also acquitted accused No.1 of the offences under Sections 143, 498-A, 323, 504, 506 read with Section 149 IPC, but convicted him solely under Section 302 IPC. The State did not prefer any appeal against acquittals. Accused No.1 appealed to the High Court challenging his conviction. The case against him rested entirely on circumstantial evidence as there were no eyewitnesses. The appellant's counsel argued that the chain of circumstances was incomplete and the evidence insufficient; he also raised an alibi defence that on the evening of the incident he had gone to his sister's house in Gojegaon for a feast and due to rain stayed overnight, and that co-accused had informed the police about the locked house. The High Court heard arguments and reserved judgment on 23-11-2020, pronouncing it on 09-12-2020. The judgment text provided is incomplete and does not contain the court's analysis, findings, or operative directions.
Headnote
A) Criminal Law - Circumstantial Evidence - Conviction Based on Circumstantial Evidence - Indian Penal Code, 1860, Section 302; Indian Evidence Act, 1872 - Appeal against conviction for murder of wife and child hinged on the sufficiency of circumstantial evidence - The appellant contended that the prosecution failed to prove a complete chain of circumstances excluding every hypothesis of innocence and that the trial court erred in relying on weak evidence (Paras 6-8) - The High Court had to determine whether the trial court's findings were justified. B) Criminal Law - Dowry Harassment and Ill-treatment - Charges under Sections 498-A and 304-B IPC were not pressed/appeal confined to Section 302 - Accused No.1 was acquitted of dowry related offences but convicted under Section 302; the appeal did not challenge acquittal of co-accused which was not appealed by State (Paras 2, 4) - The High Court noted the acquittal of other accused and the limited scope of appeal. C) Criminal Trial - Defence of Alibi - Accused No.1 claimed he was at his sister's house at the time of incident, arriving back later - Indian Penal Code, 1860, Section 302 - The appellant argued that his absence on the day of the crime was supported by the station diary entry and the fact that co-accused informed police - The High Court had to assess whether the alibi was credible (Paras 2(k), 7-8).
Issue of Consideration
Whether the conviction under Section 302 IPC based on circumstantial evidence was legally sustainable
