Case Note & Summary
The appellant, Hanma @ Hanmanta Ishvarappa Budane, was convicted by the 1st Adhoc Additional Sessions Judge, Sangli, for the murder of his wife Rukmini under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 15 August 2002 at about 11:20 a.m. when two unknown persons informed PW1 Tanaji, a Police Head Constable, that a man had killed his wife. PW1 proceeded to the scene and found the deceased lying in a pool of blood with the appellant standing nearby holding an axe. The appellant was arrested at the scene. The deceased succumbed to her injuries on 16 August 2002. The prosecution examined witnesses including PW1 and PW2 Balwant, who witnessed the arrest. The trial court convicted the appellant. In appeal, the appellant challenged the conviction. The High Court examined the evidence and found that PW1's testimony was credible and corroborated by the recovery of the axe and the deceased's injuries. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eye witness testimony and recovery of weapon - The appellant was convicted for murdering his wife by inflicting axe blows. The prosecution relied on the testimony of PW1, a police head constable who saw the appellant holding an axe near the deceased's body. The court held that the evidence of PW1, coupled with the recovery of the axe and the deceased's injuries, was sufficient to sustain the conviction. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence upheld
Law Points
- Murder
- Section 302 IPC
- Conviction upheld
- Eye witness testimony
- Recovery of weapon
- Dying declaration not required
