Case Note & Summary
The appellant, Sachin Dadarao Borude, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Ravi Pradhan by stabbing him with a big knife on 27 February 2005 at Belapur CBD, Mumbai. The trial court sentenced him to life imprisonment and a fine of Rs. 2,500. The appellant appealed against the conviction and sentence. The prosecution case was that the appellant and the deceased were residents of a construction site, and on the day of the incident, the complainant Pralhad Kamble heard shouts and saw the appellant assaulting the deceased with a knife. The appellant warned the complainant not to intervene. The deceased ran towards Kiran Apartment but collapsed and died. The appellant was arrested and a knife was recovered. The trial court relied on the testimony of the sole eye witness, Pralhad Kamble, and the medical evidence which confirmed that the death was homicidal due to stab injuries. The High Court held that the testimony of the eye witness was credible, natural, and corroborated by medical evidence. The court found no reason to disbelieve the witness and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on sole eye witness - Testimony of eye witness found credible and corroborated by medical evidence - Appeal dismissed - Held that conviction can be based on sole eye witness if testimony is trustworthy and corroborated (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC based on the testimony of a sole eye witness is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Eye witness testimony
- Credibility of witness
- Corroboration by medical evidence
- Motive
- Circumstantial evidence
Case Details
2012 LawText (BOM) (02) 93
Criminal Appeal No.595 of 2007
A.P.Lavande, Shrihari P.Davare
Mr.Arfan Sait, Mrs.M.M.Deshmukh
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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 conviction and sentence for murder.
Filing Reason
Appellant was convicted and sentenced to life imprisonment for murder by the trial court.
Previous Decisions
Trial court convicted appellant under Section 302 IPC and sentenced to life imprisonment and fine.
Issues
Whether the conviction under Section 302 IPC based on sole eye witness testimony is sustainable.
Submissions/Arguments
Appellant argued that the eye witness testimony was unreliable and not corroborated.
Respondent argued that the eye witness testimony was credible and corroborated by medical evidence.
Ratio Decidendi
Conviction can be based on the testimony of a sole eye witness if the witness is credible, natural, and the testimony is corroborated by medical evidence.
Judgment Excerpts
The present appeal is directed against the conviction and sentence imposed upon the appellant/original accused by way of judgment and order dated 29th July, 2006 rendered by IInd Adhoc Additional Sessions Judge, Thane in Sessions Case No.346 of 2005 thereby convicting the appellant/accused for the offence punishable under section 302 of IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs.2,500/- in default of payment of fine directing him to undergo R.I. for one year.
Procedural History
The appellant was convicted and sentenced by the IInd Adhoc Additional Sessions Judge, Thane on 29 July 2006 in Sessions Case No.346 of 2005. The appellant filed Criminal Appeal No.595 of 2007 before the High Court of Judicature at Bombay against the conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
