Case Note & Summary
The appellant, Bhimrao Shripat Khandare, was convicted by the Additional Sessions Judge in Sessions Case No.1144 of 2000 for the murder of his wife Lata and attempt to murder his daughter Rama, under Sections 302 and 307 of the Indian Penal Code, respectively. He was sentenced to life imprisonment for murder and seven years rigorous imprisonment for attempt to murder, with fines. The prosecution case was that on 11 August 2000, the appellant voluntarily came to a police chowkie holding a blood-stained axe and confessed to assaulting his wife and daughter. He led the police to the scene where his wife was found dead and his daughter injured. The injured daughter, while being taken to hospital, told the police constable that her father had assaulted them. The appellant appealed against his conviction. The High Court considered the evidence of extra-judicial confession and the dying declaration. The court held that the extra-judicial confession was voluntary and reliable, and the dying declaration was admissible under Section 32(1) of the Indian Evidence Act as it related to the cause of her injuries. The court found no reason to disbelieve the prosecution witnesses and upheld the conviction and sentences, dismissing the appeal.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Extra-Judicial Confession - Indian Penal Code, 1860, Sections 302 and 307 - The appellant voluntarily surrendered at a police chowkie with a blood-stained axe and confessed to assaulting his wife and daughter - The court held that the extra-judicial confession was voluntary and reliable, and corroborated by the dying declaration of the injured daughter - Conviction upheld (Paras 3-5, 10-12). B) Evidence Law - Dying Declaration - Admissibility - Indian Evidence Act, 1872, Section 32(1) - The injured daughter, while being taken to hospital, told the police constable that her father had assaulted her and her mother with an axe - The court held that this statement was admissible as a dying declaration as it related to the cause of her injuries and was made under circumstances of impending death - Conviction upheld (Paras 5, 10-12).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code is sustainable based on the evidence of extra-judicial confession and dying declaration.
Final Decision
The appeal is dismissed. The conviction and sentences passed by the Additional Sessions Judge in Sessions Case No.1144 of 2000 are upheld.
Law Points
- Extra-judicial confession
- Dying declaration
- Circumstantial evidence
- Section 302 IPC
- Section 307 IPC
