Case Note & Summary
The appellant, Jayram Laxman Baswat, was convicted by the Ad-hoc Additional Sessions Judge, Palghar, for the murder of Ladka (deceased) under Section 302 IPC and for house trespass under Section 452 IPC, and sentenced to life imprisonment and five years rigorous imprisonment respectively. The prosecution case was that on 4 June 2002 at about 10 p.m., the appellant, armed with a sickle, entered the house of the complainant Ramu Ganpat Narle, where the deceased was sitting, and gave a forcible blow on the neck of the deceased, causing his death. The motive was a dispute over a bullock cart between the deceased and his brother Damu (original accused no.2), who was acquitted. The appellant was the brother-in-law of Damu. The FIR was lodged on 5 June 2002 at 5 a.m. The prosecution examined eye witnesses including the complainant, his wife, and his deaf and dumb son Prakash, who testified through sign language. The medical evidence confirmed a deep cut injury on the neck. The appellant was arrested and made a disclosure statement leading to recovery of the weapon. The trial court convicted the appellant. On appeal, the High Court examined the evidence and found the eye witnesses credible and consistent. The court noted that the presence of the witnesses was natural and their testimony was corroborated by medical evidence and recovery. The court also considered the testimony of the deaf and dumb witness, which was given through sign language and found reliable. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Eye Witness Testimony - Conviction based on testimony of complainant and his wife, corroborated by medical evidence and recovery of weapon - Held that the evidence of eye witnesses is credible and trustworthy, establishing the guilt of the appellant beyond reasonable doubt (Paras 1-10). B) Criminal Law - House Trespass - Section 452 IPC - Accused entered complainant's house armed with sickle and attacked deceased - Held that the offence of house trespass is made out as the accused entered the house with intent to commit an offence (Paras 1-10). C) Evidence Law - Deaf and Dumb Witness - Testimony of deaf and dumb son of complainant - Court considered his deposition through sign language and found it reliable - Held that the testimony of a deaf and dumb witness can be relied upon if it is consistent and corroborated (Paras 5-7).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 452 of the Indian Penal Code, 1860 is sustainable based on the evidence of eye witnesses and other circumstances.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 452 IPC confirmed.
Law Points
- Murder
- Section 302 IPC
- Eye witness testimony
- Motive
- House trespass
- Section 452 IPC
- Credibility of witnesses
- Deaf and dumb witness
- Recovery of weapon
- Circumstantial evidence
