Case Note & Summary
The appellant, Balkrishna Khashaba Mohite, was convicted by the Sessions Court at Satara for the murder of Sunil Kakade, his son-in-law, under Section 302 IPC and for house trespass under Section 449 IPC. The appellant and the deceased were partners in a motor winding business. The deceased married the appellant's daughter, Rajeshri, against the appellant's wishes. The appellant had threatened to kill the deceased. On 30 June 2002, the deceased left his house to collect clothes from a shop and was last seen with the appellant. The deceased later succumbed to injuries. The prosecution relied on motive, last seen evidence, and a dying declaration made by the deceased to his brother and others. The appellant appealed against his conviction. The High Court examined the evidence and found that the motive was clearly established, the deceased was last seen with the appellant, and the dying declaration was credible. The court held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Motive - Love marriage of deceased with appellant's daughter - Appellant opposed marriage and threatened to finish deceased - Motive established (Paras 2-3).
B) Criminal Law - Murder - Section 302 IPC - Circumstantial Evidence - Last seen together - Deceased last seen with appellant near shop - Appellant's conduct after incident - Conviction upheld (Paras 4-6).
C) Criminal Law - House Trespass - Section 449 IPC - Appellant entered deceased's house with deadly weapon - Conviction upheld (Para 2).
D) Criminal Law - Murder - Section 302 IPC - Dying Declaration - Deceased's statement to brother and others implicating appellant - Relied upon (Para 5).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 449 of the Indian Penal Code is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 449 IPC upheld.
Law Points
- Murder
- House Trespass
- Love Marriage
- Motive
- Circumstantial Evidence
- Last Seen Together
- Extra-judicial Confession
- Dying Declaration
- Section 302 IPC
- Section 449 IPC
- Section 323 IPC
Case Details
2010 LawText (BOM) (08) 66
Criminal Appeal No. 162 of 2005
Smt. Ranjana Desai, Smt. V. K. Tahilramani
Mr. S. N. Bhosale for the appellant, Mr. Rajesh More, APP
Balkrishna Khashaba Mohite
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Nature of Litigation
Criminal appeal against conviction for murder and house trespass.
Remedy Sought
Appellant sought acquittal from conviction under Sections 302 and 449 IPC.
Filing Reason
Appellant was convicted by Sessions Court for murder of his son-in-law and house trespass.
Previous Decisions
Sessions Court at Satara in Sessions Case No. 136 of 2002 convicted appellant under Sections 302 and 449 IPC on 20/1/2004.
Issues
Whether the conviction under Section 302 IPC is sustainable on the basis of circumstantial evidence and dying declaration.
Whether the conviction under Section 449 IPC is sustainable.
Submissions/Arguments
Appellant argued that the evidence was insufficient and the dying declaration was unreliable.
State argued that the prosecution proved motive, last seen, and dying declaration beyond reasonable doubt.
Ratio Decidendi
The court held that the motive for murder was clearly established due to the appellant's opposition to his daughter's marriage with the deceased. The deceased was last seen with the appellant, and the dying declaration made by the deceased to his brother and others was credible and reliable. The circumstantial evidence was sufficient to prove the appellant's guilt beyond reasonable doubt.
Judgment Excerpts
The appellant was tried by the Sessions Court at Satara in Sessions Case No. 136 of 2002 for offences punishable under Section 302, 323 and 449 of the Indian Penal Code.
The appellant has been convicted for offence punishable under Section 302 of the IPC and sentenced to suffer RI for life and to pay a fine of Rs.4,000/-.
The appellant has also been convicted for offence punishable under Section 449 of the IPC and sentenced to suffer RI for three years and to pay fine of Rs. 1,000/-.
Procedural History
The appellant was tried in Sessions Case No. 136 of 2002 before the Sessions Court at Satara. On 20/1/2004, the appellant was convicted under Sections 302 and 449 IPC and sentenced. The appellant filed Criminal Appeal No. 162 of 2005 before the Bombay High Court. The appeal was reserved on 17/8/2010 and pronounced on 30/8/2010.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 323, 449
