Case Note & Summary
The appellant, Raju Kisan Mane, was convicted under Section 302 of the Indian Penal Code for the murder of his two-and-a-half-year-old daughter Aishwarya. The prosecution case was that the appellant suspected his wife Sangita of infidelity and believed Aishwarya was not his biological child. One month prior to the incident, a quarrel led Sangita to leave the matrimonial home with her two children. On 8 June 2007, the appellant forcibly took Aishwarya from Sangita's parental home. The next day, Aishwarya's dead body was found floating in a Grampanchayat well. The appellant was arrested and charged with murder. The trial court convicted him based on circumstantial evidence including motive, last seen together, recovery of the body, and the appellant's failure to explain the child's death. The High Court upheld the conviction, holding that the chain of circumstances was complete and pointed only to the appellant's guilt. The court noted that the appellant had exclusive custody of the child and failed to provide any explanation for her death, which was within his special knowledge. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence requires complete chain of circumstances pointing only to guilt of accused - Court examined motive, last seen, recovery of body, and conduct of accused - Held that prosecution established chain of circumstances beyond reasonable doubt (Paras 1-20). B) Evidence Act - Burden of Proof - Section 106 Indian Penal Code, 1860 - When facts are within special knowledge of accused, burden lies on him to explain - Appellant failed to explain how child died after he took her custody - Held that adverse inference can be drawn against accused (Paras 15-18).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his daughter Aishwarya, based on circumstantial evidence, is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Circumstantial evidence
- motive
- last seen together
- presumption of innocence
- burden of proof
- Section 302 IPC
- Section 106 Evidence Act
