Case Note & Summary
The appellant, Raj Mohmad Usman Sayyed, was convicted by the 1st Ad-hoc Additional Sessions Judge, Baramati, for the murder of his daughter Dilshad and attempt to murder his wife Tahira under Sections 302 and 307 of the Indian Penal Code, 1860. The prosecution case was that on 7.7.2005, at Village Deulgaon (Rasal), the accused intentionally caused the death of his daughter and attempted to murder his wife. The motive was that the accused suspected his wife Tahira of having an illicit relationship with one Shafiq Makbul Inamdar. On the night of 5.7.2005, Tahira left the house to meet Shafiq, and the accused followed them. The next morning, the accused was seen with injuries and confessed to killing his daughter and attacking his wife. The trial court convicted him based on circumstantial evidence including motive, last seen together, and extra-judicial confession. The High Court upheld the conviction, finding that the chain of circumstances was complete and pointed only to the guilt of the accused. The appeal was dismissed.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Circumstantial Evidence - Sections 302, 307 Indian Penal Code, 1860 - The appellant was convicted for murdering his daughter and attempting to murder his wife based on circumstantial evidence including motive, last seen together, and extra-judicial confession - The court held that the chain of circumstances was complete and pointed only to the guilt of the accused - The appeal was dismissed (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Sections 302 and 307 IPC upheld
Law Points
- Circumstantial evidence
- motive
- last seen together
- extra-judicial confession
- Section 302 IPC
- Section 307 IPC
Case Details
2012 LawText (BOM) (02) 86
Criminal Appeal No. 255 of 2007
A.P. Lavande, Shrihari P. Davare
Mr. D.G. Khamkar for the appellant, Mr. D.P. Adsule, A.P.P. for the respondent State
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Nature of Litigation
Criminal appeal against conviction for murder and attempt to murder
Remedy Sought
Appellant sought acquittal from conviction and sentence under Sections 302 and 307 IPC
Filing Reason
Appellant challenged the judgment and order dated 31.3.2006 in Sessions Case No.70 of 2005 convicting him for murder of his daughter and attempt to murder his wife
Previous Decisions
Trial court convicted appellant under Sections 302 and 307 IPC and sentenced him to life imprisonment and 10 years rigorous imprisonment respectively
Issues
Whether the conviction based on circumstantial evidence is sustainable
Whether the motive and extra-judicial confession are proved
Submissions/Arguments
Appellant argued that the evidence was insufficient and circumstantial
Respondent argued that the chain of circumstances was complete and proved guilt beyond reasonable doubt
Ratio Decidendi
The chain of circumstantial evidence including motive, last seen together, and extra-judicial confession was complete and pointed only to the guilt of the accused, warranting conviction under Sections 302 and 307 IPC.
Judgment Excerpts
By the present appeal, the appellant i.e. the accused takes exception to the conviction and sentence imposed upon him by judgment and order dated 31.3.2006 rendered in Sessions Case No.70 of 2005, by 1st Ad-hoc Additional Sessions, Judge, Baramati, convicting him for the offence punishable under Section 302 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life with fine of Rs.1000/- and in default to suffer simple imprisonment for three months and also convicting him for the offence punishable under Section 307 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 years with fine of Rs.500/-, in default to suffer simple imprisonment for one month.
Procedural History
The appellant was convicted by the 1st Ad-hoc Additional Sessions Judge, Baramati on 31.3.2006 in Sessions Case No.70 of 2005. He appealed to the High Court of Bombay, which heard the appeal and dismissed it on 22.2.2012.
Acts & Sections
- Indian Penal Code, 1860: 302, 307
