Case Note & Summary
The appellant, Ram Vishwanath Salunke, was convicted by the Sessions Judge, Nashik, for the murder of his father-in-law, Damodar Hage, under Section 302 IPC and for an offence under Section 135 of the Bombay Police Act. The incident occurred on 12/10/2008 when the appellant went to the house of the deceased to take his wife, Hema (PW-7), back to the matrimonial home. He was opposed by PW-2 Manorama, and in the ensuing altercation, he stabbed the deceased with a knife (gupti). The deceased was taken to the civil hospital where he died at about 6:15 p.m. The FIR was initially registered under Sections 326, 323, 504, 506 IPC and Section 135 of the Bombay Police Act, but after the death, Section 302 IPC was added. The trial court convicted the appellant under Section 302 IPC and Section 135 of the Bombay Police Act, while acquitting him under Sections 504 and 506 IPC. The appellant appealed against the conviction. The High Court examined the evidence of eye-witnesses PW-2 and PW-6, and the medical evidence. The court found that the testimony of PW-2, who was present at the scene, was credible and corroborated by PW-6. The medical evidence confirmed that the death was due to the stab injury. 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 IPC - Conviction based on eye-witness testimony - The appellant stabbed his father-in-law with a knife (gupti) after a matrimonial dispute, causing death. The court held that the testimony of PW-2 (Manorama) and PW-6 (Sunanda) was credible and corroborated by medical evidence, and the conviction was upheld. (Paras 1-10)
B) Criminal Law - Bombay Police Act - Section 135 - Possession of knife in public place - The appellant was also convicted under Section 135 of the Bombay Police Act for carrying a knife without authority. The court upheld this conviction as the knife was recovered and the appellant had no license. (Paras 1-2)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC and Section 135 of the Bombay Police Act is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Sessions Judge, Nashik, in Sessions Case No. 21 of 2009 on 10/12/2010 are confirmed.
Law Points
- Murder
- Section 302 IPC
- Life Imprisonment
- Eye-witness Testimony
- Medical Evidence
- Motive
- Section 135 Bombay Police Act
Case Details
2011 LawText (BOM) (05) 37
Criminal Appeal No. 61 of 2011
B. H. Marlapalle, A. M. Thipsay
Mr. Nitin Pradhan i/by Ms. S. D. Khot for appellant, Mr. H. J. Dedhia, APP for State
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Nature of Litigation
Criminal appeal against conviction for murder and possession of knife.
Remedy Sought
Appellant sought acquittal from the conviction and sentence under Section 302 IPC and Section 135 of the Bombay Police Act.
Filing Reason
Appellant was convicted by the Sessions Judge, Nashik, for murder of his father-in-law and for carrying a knife without authority.
Previous Decisions
The Sessions Judge, Nashik, in Sessions Case No. 21 of 2009 convicted the appellant under Section 302 IPC and Section 135 of the Bombay Police Act on 10/12/2010.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of eye-witnesses and medical reports.
Whether the conviction under Section 135 of the Bombay Police Act is sustainable.
Submissions/Arguments
Appellant argued that the evidence of eye-witnesses was unreliable and that the medical evidence did not support the prosecution case.
State argued that the eye-witnesses were credible and the medical evidence corroborated the stabbing, establishing the guilt beyond reasonable doubt.
Ratio Decidendi
The testimony of eye-witnesses, particularly PW-2 who was present at the scene, coupled with medical evidence confirming the stab injury as the cause of death, is sufficient to sustain a conviction under Section 302 IPC. The appellant's act of stabbing the deceased with a knife without any legal authority also constitutes an offence under Section 135 of the Bombay Police Act.
Judgment Excerpts
This appeal filed under Section 374 (2) of Cr.P.C. is directed against the order of conviction and sentence passed in Sessions Case No. 21 of 2009 by the learned Sessions Judge, Nashik on 10/12/2010.
As per the prosecution, the accused is the husband of PW 7 – Hema, who is the daughter of the deceased Damodar Hage.
Procedural History
The appellant was tried in Sessions Case No. 21 of 2009 before the Sessions Judge, Nashik, who convicted him under Section 302 IPC and Section 135 of the Bombay Police Act on 10/12/2010. The appellant filed Criminal Appeal No. 61 of 2011 before the Bombay High Court against the conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 504, 506, 326, 323
- Bombay Police Act, 1951: 135
- Code of Criminal Procedure, 1973 (Cr.P.C.): 374(2)
