Case Note & Summary
The case involves the murder of Nagavva @ Bismilla, the second wife of accused no.2 Yusuf Ismail Shaikh. Accused no.1 Badesaab Yusuf Shaikh, son of accused nos.2 and 3, was convicted under Section 302 IPC and sentenced to life imprisonment. The prosecution case was based on circumstantial evidence: motive (accused no.1 was unhappy with his father's second marriage), last seen evidence (accused no.1 was seen with the deceased shortly before her death), recovery of blood-stained shoes at his instance, and false explanation. The trial court acquitted accused nos.2 and 3. The High Court upheld the conviction of accused no.1, finding the circumstantial evidence complete, and dismissed the State's appeal against acquittal of accused nos.2 and 3.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Last Seen - Recovery of Blood-Stained Articles - Indian Penal Code, 1860, Section 302 - The appellant was convicted for murder of his father's second wife based on motive, last seen evidence, recovery of blood-stained shoes, and false explanation. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. (Paras 1-20) B) Criminal Law - Acquittal - Appeal Against Acquittal - Indian Penal Code, 1860, Section 302 read with Section 34 - The State appealed against acquittal of accused nos.2 and 3 (father and mother). The court held that there was no evidence to connect them with the murder, and the trial court's acquittal was proper. (Paras 1-20)
Issue of Consideration
Whether the conviction of accused no.1 under Section 302 IPC is sustainable on the basis of circumstantial evidence, and whether the acquittal of accused nos.2 and 3 is correct.
Final Decision
Criminal Appeal No. 320 of 1990 dismissed; conviction of accused no.1 under Section 302 IPC upheld. Criminal Appeal No. 399 of 1990 dismissed; acquittal of accused nos.2 and 3 confirmed.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- recovery of incriminating articles
- false explanation
- Section 27 Evidence Act
- Section 302 IPC
- Section 34 IPC
