Case Note & Summary
The appellant, Kamlya Dehu Waghmare, was convicted by the Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 78/2006 for the murder of his wife Tara under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 14th March 2006, a Holi day, when the accused wanted his wife to cook food but she refused. The accused beat her with sticks, causing head injuries leading to intra cerebral and extra cerebral hemorrhage, resulting in her death. The next morning, PW3 Narayan Pawar found Tara dead and the accused sitting nearby. The Sarpanch informed the police, who registered an FIR based on the complaint of Janu Pangya Waghmare. During investigation, the blood-stained shirt of the accused was seized, and the postmortem confirmed the cause of death. The trial court convicted the accused. On appeal, the appellant's counsel argued that the evidence did not establish murder, as the assault was due to a trivial reason and lacked intention to cause death. The High Court, however, upheld the conviction, finding that the nature of injuries and the weapon used indicated intention to cause death, and the prosecution had proved its case beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Intention to Cause Death - The accused beat his wife with sticks on her head because she refused to cook food, causing intra cerebral and extra cerebral hemorrhage leading to death. The court held that the nature of injuries and the weapon used indicated intention to cause death, and the conviction under Section 302 IPC was proper. (Paras 1-4)
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the accused committed murder of his wife punishable under Section 302 IPC.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Section 302 IPC.
Law Points
- Murder
- Section 302 IPC
- intention to cause death
- culpable homicide amounting to murder
- circumstantial evidence
- dying declaration
- postmortem report
Case Details
2012 LawText (BOM) (02) 85
Criminal Appeal No. 234 of 2007
A.P. Lavande, Shrihari P. Davare
Ms. Ameeta Kuttikrishnan (for appellant), Mrs. M.M. Deshmukh (A.P.P. for State)
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Nature of Litigation
Criminal appeal against conviction and sentence for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant challenged the judgment and order dated 18th September 2006 passed by Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 78/2006 convicting him for murder.
Previous Decisions
The trial court convicted the appellant for murder under Section 302 IPC and sentenced him to life imprisonment and fine of Rs. 200/-.
Issues
Whether the prosecution proved beyond reasonable doubt that the accused committed murder of his wife punishable under Section 302 IPC.
Submissions/Arguments
Appellant's counsel argued that the evidence does not establish murder, as the assault was due to a trivial reason (refusal to cook food) and the accused did not have intention to cause death.
State's counsel argued that the prosecution evidence proved the offence beyond reasonable doubt.
Ratio Decidendi
The nature of injuries (head injuries causing intra cerebral and extra cerebral hemorrhage) and the weapon used (sticks) indicated intention to cause death, and the prosecution proved the case beyond reasonable doubt.
Judgment Excerpts
By this Appeal the appellant takes exception to judgment and order dated 18th September, 2006 passed by Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 78/2006 convicting the appellant for the offence punishable under Section 302 IPC and sentencing him to imprisonment for life and to pay fine of Rs. 200/- and in default to undergo RI for six months.
The accused wanted his wife Tara to cook food but she refused and, therefore, the accused started beating her with sticks on account of which his wife suffered head injuries and died due to intra cerebral and extra cerebral hemorrhage.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Raigad, Alibag on 18th September 2006 in Sessions Case No. 78/2006 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the Bombay High Court, which heard the appeal and delivered judgment on 3rd February 2012.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
- Code of Criminal Procedure, 1973 (CrPC): 313
