Case Note & Summary
The appellant, Ujwala Bhujade, was convicted by the Adhoc Additional Sessions Judge, Aurangabad, for the murder of her two daughters, Dipali and Swati, by administering poison, and for attempting suicide, under Sections 302 and 309 of the Indian Penal Code, 1860 (IPC). She was sentenced to life imprisonment for murder and a fine of Rs.250 for attempt to suicide. The incident occurred on 24 November 2006, when the appellant took her daughters to a well in the field of Jagannath Narayan Bhujade. The prosecution case was based on circumstantial evidence: the appellant was last seen with the deceased children, she had a motive due to a quarrel with her husband, a bottle containing poison was recovered from the spot, and the chemical analysis confirmed the presence of poison in the viscera of the deceased. The appellant was arrested on 1 February 2007. The trial court found the circumstances sufficient to prove guilt beyond reasonable doubt. On appeal, the High Court of Bombay at Aurangabad examined the evidence and held that the chain of circumstances was complete and pointed only to the appellant's guilt. The court noted that the appellant failed to explain the circumstances, and the recovery of the poison bottle and chemical reports corroborated the prosecution case. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 309 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - The appellant was convicted for murder of her two daughters by administering poison and for attempting suicide. The court examined the chain of circumstances including last seen evidence, motive, recovery of poison bottle, and chemical analysis reports. Held that the circumstances were complete and pointed only to the guilt of the appellant (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 309 of the Indian Penal Code, 1860 (IPC) based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 309 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- recovery of poison bottle
- chemical analysis report
- presumption of innocence
- burden of proof
- Section 302 IPC
- Section 309 IPC
