Case Note & Summary
The appeal challenges the judgment and order dated 02/09/2009 by the Additional Sessions Judge-I, South Goa, Margao in Sessions Case No.6/2008 convicting the appellant (accused) under Section 302 IPC and sentencing him to life imprisonment and a fine of Rs.25,000, while acquitting him under Section 201 IPC. The accused, a Chief Mechanic in the Navy at Dabolim, was convicted for the murder of Rajlaximi on 04/12/2007, Navy Day. The prosecution case was that the accused strangled his mistress Rajlaximi with a towel, put her body in a wooden box, and attempted to dispose of it. The informant Shriniwas Vighnesh filed an FIR on 05/12/2007. The accused was arrested, and at his instance, the dead body in a box near his rented premises was discovered. Postmortem was conducted by Dr. Silvano Sapeco. The prosecution alleged extrajudicial confessions to two Naval Officers, PW3-Ojha and PW4-Krishna. The trial court held that 12 circumstances proved the accused's guilt, including friendship with the deceased, stay at Hotel Vasco from 1-12-2007 to 4-12-2007, last seen together, leave from duty, keeping wife and child away, extrajudicial confessions, discovery of the body, taking keys of room to keep belongings, arrest with mobile phone, injuries on forearms, admission to Dr. Andre Fernandes about scuffle, and recovery of blood/urine report from the house. The appellant argued that the prosecution failed to prove the circumstances, extrajudicial confessions were not voluntary, discovery was already known, and that the chain was incomplete; and alternatively, the offence would be under Section 304(I) IPC. The State argued that the circumstances proved the guilt and the confessions were reliable. The High Court heard arguments but the final decision is not included in the extracted text.
Issue of Consideration
Whether the prosecution has proved beyond reasonable doubt that the accused committed murder of Rajlaximi based on circumstantial evidence; whether the extrajudicial confessions are voluntary and reliable; whether the discovery of the dead body at the instance of the accused is admissible; whether the chain of circumstances is complete; whether conviction under Section 302 IPC is sustainable when the accused was acquitted under Section 201 IPC; and whether the case falls under Section 304(I) IPC.
Law Points
- circumstantial evidence
- suspicion cannot replace proof
- extrajudicial confession must be voluntary
- discovery under Section 27 of Evidence Act
- last seen theory
- motive in circumstantial evidence
- statement under Section 313 Cr.P.C.
Case Details
2012 LawText (BOM) (02) 119
Criminal Appeal No. 89/2009
A. P. Lavande, J. and Smt. R. P. Sondurbaldota, J.
Mr. S. G. Dessai, Senior Advocate with Mr. A. V. Pavitran for appellant; Mr. C. A. Ferreira, Public Prosecutor for respondent
State (Through Vasco Police Station)
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Nature of Litigation
Criminal appeal against conviction under Section 302 IPC
Remedy Sought
Appellant/accused seeking acquittal by challenging conviction and sentence for murder
Filing Reason
Convicted by trial court for murder based on circumstantial evidence; accused claims innocence and seeks acquittal
Previous Decisions
Additional Sessions Judge-I, South Goa, Margao in Sessions Case No.6/2008 convicted accused under Section 302 IPC and sentenced to life imprisonment and fine; acquitted under Section 201 IPC.
Issues
Whether the prosecution proved the 12 circumstances beyond reasonable doubt
Whether the extrajudicial confessions were voluntary and reliable
Whether the discovery of the dead body at the instance of the accused is admissible
Whether the chain of circumstances is complete to establish guilt
Whether conviction under Section 302 IPC is sustainable when the accused was acquitted under Section 201 IPC
Whether the case falls under Section 304(I) IPC instead
Submissions/Arguments
Appellant argued that the prosecution failed to prove circumstances; extrajudicial confessions were not voluntary; discovery was known to police; chain of circumstances incomplete; suspicious conduct by informant; alternative plea for Section 304(I) IPC.
State argued that 12 circumstances were proved; extrajudicial confessions were voluntary; discovery was at the instance of accused; chain of circumstances complete; accused's conduct proved guilt.
Judgment Excerpts
the accused had been friendly with Rajlaximi from prior to January, 2006 and was to marry her.
the prosecution has not been able to establish incriminating circumstances against the accused warranting his conviction for the offence of murder of Rajlaximi.
suspicion however grave, cannot take the place of proof and the accused is entitled to benefit of doubt.
there is absolutely no evidence on record to show that the accused committed murder of Rajlaximi in his house, as claimed by the prosecution.
Procedural History
FIR registered on 05/12/2007 at Vasco Police Station under Sections 302 and 201 IPC. Accused arrested and dead body discovered. Chargesheet filed. Case committed to Sessions. Trial in Sessions Case No.6/2008 before Additional Sessions Judge-I, South Goa, Margao. Convicted on 02/09/2009 under Section 302 IPC, sentenced to life imprisonment and fine; acquitted under Section 201. Appeal filed in High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 201, 304(I)
- Code of Criminal Procedure, 1973 (Cr.P.C.): 313
