Case Note & Summary
The appellant, Rakesh Dattatray Rindhe, was convicted by the District Judge-12 and Additional Sessions Judge, Pune in Sessions Case No. 120 of 2014 for the murder of Parmeshwar @ Prathamesh under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The incident occurred on 28 October 2013 when the appellant, along with his friend Malikarjun (PW2), consumed beer at a hillock in Tukainagar. The deceased, a friend of PW2, approached them and a verbal altercation ensued over a trivial issue, during which the deceased humiliated the appellant. Enraged, the appellant strangulated the deceased with his leather belt, pushed him into a pit, and threw a stone on him. The appellant then dragged PW2 to Dattawadi Police Station and narrated the entire episode to the officer-in-charge. At about 6:30 am, Crime No. 280 of 2013 was registered based on the complaint of the deceased's brother, Aadinath Dhavare (PW1). The prosecution examined 10 witnesses, including PW2 as the sole eyewitness. The trial court convicted the appellant, leading to this appeal. The legal issues centered on the reliability of PW2's testimony, the application of the last seen together principle, and the admissibility of the appellant's voluntary confession. The appellant argued that PW2 was an interested witness and that the circumstances did not conclusively prove guilt. The state contended that the evidence was sufficient. The High Court analyzed the evidence and held that PW2's testimony was credible and corroborated by medical evidence and the appellant's own conduct. The court found that the chain of circumstances was complete and the conviction was sustainable. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Circumstantial Evidence - The appellant was convicted for murder based on the testimony of PW2, who was last seen with the deceased, and the appellant's voluntary confession at the police station. The court held that the chain of circumstances was complete and the conviction was sustainable (Paras 1-16). B) Evidence Law - Last Seen Together - Circumstantial Evidence - The principle of last seen together was applied as the appellant and PW2 were with the deceased shortly before the incident. The court held that this circumstance, coupled with the appellant's conduct, pointed to his guilt (Paras 5-10). C) Criminal Law - Voluntary Confession - Admissibility - The appellant's narration of the incident to the police officer was considered a voluntary confession, not hit by Section 25 of the Indian Evidence Act, 1872, as it was made before the FIR was registered. The court held that such confession can be used as corroborative evidence (Paras 11-13).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 for the murder of Parmeshwar @ Prathamesh is sustainable on the basis of circumstantial evidence and the testimony of the sole eyewitness.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are confirmed.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Last Seen Together
- Voluntary Confession
- Credibility of Witnesses
