Case Note & Summary
The appellant, Bhagwant Shetiba Vitkar, was convicted by the IInd Additional Sessions Judge, Baramati, for the murder of his wife Sarubai under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. The incident occurred on 2nd December 2002 when the appellant, suspecting his wife's fidelity, attacked her with a knife on a foot track near Deepmala, Daund. The deceased died on the spot. The prosecution relied on the testimony of eyewitness Sarubai Jadhav (PW1), who was accompanying the deceased, and medical evidence confirming multiple stab wounds on vital parts. The appellant argued that the eyewitness was not reliable and that the prosecution failed to prove motive. The High Court, however, found the eyewitness testimony credible and corroborated by the medical report. The court noted that the appellant had a history of domestic violence and had questioned the deceased about her work. The court held that the injuries inflicted were sufficient to cause death in the ordinary course of nature, and the appellant's act fell within the ambit of murder. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant convicted for murder of his wife by giving knife blows on vital parts - Eyewitness account corroborated by medical evidence and motive - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC for the murder of his wife is sustainable based on the evidence of eyewitnesses and medical evidence.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the IInd Additional Sessions Judge, Baramati, are upheld.
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Intent to cause death
- Knife attack on vital parts
- Dying declaration
- Circumstantial evidence
- Motive
- Domestic violence
Case Details
2012 LawText (BOM) (02) 88
Criminal Appeal No. 877 of 2005
A.P. Lavande, Shrihari P. Davare
Mr. Ashish Giri i/b. M/s. Jay & Co. for the appellant, Mrs. A.S. Pai-APP for the respondent
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Nature of Litigation
Criminal appeal against conviction 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 of the trial court convicting him for murder of his wife
Previous Decisions
Trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment and fine of Rs. 3000/-
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of eyewitness and medical evidence
Submissions/Arguments
Appellant argued that the eyewitness Sarubai Jadhav was not reliable and that the prosecution failed to prove motive
Respondent argued that the eyewitness testimony was credible and corroborated by medical evidence, and the motive was established by the appellant's suspicion and prior domestic violence
Ratio Decidendi
The court held that the prosecution proved its case beyond reasonable doubt through the credible testimony of the eyewitness, which was corroborated by medical evidence showing multiple stab wounds on vital parts. The appellant's act of giving knife blows on vital parts of his wife's body, without any provocation, constituted murder under Section 302 IPC.
Judgment Excerpts
By this appeal the appellant (‘The accused’ for short) takes exception to judgment and order dated 16th March, 2004 passed by IInd Additional Sessions Judge, Baramati convicting the accused for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 3000/- and in default to undergo R.I. for two years.
Procedural History
The appellant was convicted by the IInd Additional Sessions Judge, Baramati on 16th March 2004 under Section 302 IPC and sentenced to life imprisonment. He appealed to the Bombay High Court, which heard the appeal and delivered judgment on 29th February 2012.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
