Bombay High Court at Goa Upholds Conviction for Murder Under Section 302 IPC — Life Imprisonment Confirmed for Assault with Stone Causing Death of Mother-in-Law. The court found the evidence of eye-witnesses and medical evidence sufficient to prove the guilt beyond reasonable doubt.

High Court: Bombay High Court Bench: GOA In Favour of Prosecution
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Case Note & Summary

The appellant, Indrajeet Godbole, was convicted by the Additional Sessions Judge-III, South Goa, Margao in Sessions Case No.28/2006 for the offence of murder under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs.10,000/-. The complainant, Smt. Sunita, is the wife of the appellant. The incident occurred on 22nd August 2006 when the appellant visited the complainant's residence at Kasai, Cuncolim, demanded food and money from the deceased (the complainant's mother), and upon refusal, assaulted her with fist blows, kicks, and a laterite stone. The deceased succumbed to her injuries. The appellant fled and was later arrested at Mangalore. The prosecution examined witnesses including P.W.5 Suraj de Souza, who witnessed the assault. The trial court convicted the appellant. On appeal, the High Court of Bombay at Goa examined the evidence, including the testimony of P.W.5 and the medical evidence, and found them consistent and credible. The court held that the prosecution had proved the case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were confirmed.

Headnote

A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - The appellant was convicted for murdering his mother-in-law by assaulting her with fist blows, kicks, and a laterite stone after she refused to give him food and money - The High Court found the evidence of eye-witnesses P.W.5 and medical evidence consistent and credible - Held that the prosecution proved the case beyond reasonable doubt and the conviction and sentence of life imprisonment with fine of Rs.10,000/- was confirmed (Paras 1-10).

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Issue of Consideration

Whether the conviction of the appellant under Section 302 IPC for the murder of his mother-in-law is sustainable based on the evidence on record.

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Final Decision

The High Court dismissed the appeal and confirmed the conviction and sentence of life imprisonment under Section 302 IPC with fine of Rs.10,000/-.

Law Points

  • Murder
  • Section 302 IPC
  • Life Imprisonment
  • Conviction upheld
  • Evidence of eye-witnesses
  • Medical evidence
  • Motive
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Case Details

2010 LawText (BOM) (12) 78

Criminal Appeal No.40 of 2009

2010-12-23

S.B. Deshmukh, F.M. Reis

Mr. J. Godinho (for appellant), Mr. C.A. Fereira (for respondent)

Indrajeet Godbole

State of Goa

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Nature of Litigation

Criminal appeal against conviction and sentence for murder under Section 302 IPC.

Remedy Sought

Appellant sought acquittal or reduction of sentence.

Filing Reason

Appellant challenged the conviction and life imprisonment sentence imposed by the trial court.

Previous Decisions

Trial court convicted the appellant under Section 302 IPC and sentenced to life imprisonment with fine of Rs.10,000/-.

Issues

Whether the conviction under Section 302 IPC is sustainable based on the evidence of eye-witnesses and medical evidence.

Submissions/Arguments

Appellant argued that the evidence was insufficient and inconsistent. Respondent argued that the prosecution proved the case beyond reasonable doubt.

Ratio Decidendi

The evidence of eye-witness P.W.5 and the medical evidence were consistent and credible, proving the appellant's guilt beyond reasonable doubt. The conviction under Section 302 IPC was upheld.

Judgment Excerpts

The appellant challenges the conviction and sentence recorded by the learned Addl. Sessions Judge -III, South Goa, Margao in Sessions Case No.28/2006 whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to undergo Life Imprisonment.

Procedural History

The appellant was convicted by the Additional Sessions Judge-III, South Goa, Margao on 23/12/2008 in Sessions Case No.28/2006. He appealed to the High Court of Bombay at Goa, which reserved judgment on 24/11/2010 and pronounced on 23/12/2010.

Acts & Sections

  • Indian Penal Code, 1860 (IPC): 302
  • Code of Criminal Procedure, 1973 (CrPC): 207
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