Case Note & Summary
The appellant, Vasant Kusha Murkute, was convicted by the Additional Sessions Judge, Raigad, Alibag for the murder of his wife Laxmibai under Section 302 IPC and for attempt to commit suicide under Section 309 IPC. The prosecution case was that the appellant's father, the complainant, heard cries of his grandchildren and found Laxmibai dead and the appellant with a self-inflicted injury on his neck. The appellant appealed against the conviction. The High Court examined the evidence and found that the medical evidence did not conclusively prove that the death was homicidal; it could have been accidental drowning. The court held that the prosecution failed to prove the homicidal death beyond reasonable doubt. However, the appellant's self-inflicted injury was proved, and the conviction under Section 309 IPC was upheld. The court allowed the appeal in part, setting aside the conviction under Section 302 IPC and maintaining the conviction under Section 309 IPC.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Homicidal Death - Prosecution failed to prove that death was homicidal as medical evidence did not rule out accidental drowning - Conviction set aside (Paras 4-6). B) Criminal Law - Attempt to Suicide - Section 309 Indian Penal Code, 1860 - Self-inflicted injury - Appellant caused injury to himself with scythe - Conviction upheld (Paras 2, 7).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder of his wife and under Section 309 IPC for attempt to commit suicide is sustainable in law.
Final Decision
Appeal partly allowed. Conviction under Section 302 IPC set aside. Conviction under Section 309 IPC upheld. Appellant to serve sentence for attempt to suicide.
Law Points
- Homicidal death must be proved beyond reasonable doubt
- Circumstantial evidence must form complete chain
- Section 309 IPC does not require mens rea for attempt to suicide
