Case Note & Summary
The appellant, Barku Tulshiram More, was convicted by the Sessions Court for the murder of his wife Laxmibai and his father-in-law Karbhari under Section 302 IPC. The prosecution case was that on 14 February 2004, the appellant went to the police patil, Madhukar Shinde, and confessed that he had killed his wife and father-in-law. The police patil lodged an FIR, and investigation revealed that the deaths were homicidal. The post-mortem reports indicated that Laxmibai died due to hemorrhagic shock from subdural hematoma, and Karbhari died due to hemorrhagic shock from skull fracture. The appellant challenged his conviction, arguing that the extra-judicial confession was not reliable. The High Court examined the evidence and found that the extra-judicial confession was made voluntarily to a person in authority (police patil) and was corroborated by medical evidence. The court noted that the appellant had no reason to falsely implicate himself. The court also considered that the appellant had called his father-in-law for fixing a date for his son's hair-cutting ceremony, and the incident occurred shortly after. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence of life imprisonment.
Headnote
A) Criminal Law - Murder - Extra-judicial confession - Corroboration - Indian Penal Code, 1860, Section 302 - The appellant was convicted for murdering his wife and father-in-law based on his extra-judicial confession to the police patil. The court held that the extra-judicial confession was voluntary and truthful, and was corroborated by medical evidence showing homicidal deaths. The appeal was dismissed. (Paras 1-11)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on extra-judicial confession and medical evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are confirmed.
Law Points
- Extra-judicial confession
- Corroboration
- Section 302 IPC
- Double murder
- Medical evidence
