Case Note & Summary
The appellant, Paneer Selvam Subramanyam Pille, was convicted by the 2nd Ad hoc Additional Sessions Judge, Kalyan, for the murder of Saida under Section 302 IPC and for attempting to commit suicide under Section 309 IPC. The incident occurred on 5 February 2003 at about 7:00 pm in Madrasipada, Ulhasnagar. The appellant had a love affair with the victim, who was married to Suresh (PW-3). On the day of the incident, the appellant quarreled with the victim and asked her to accompany him. When she refused, he stabbed her multiple times with a knife, causing nine incised wounds on her chest, legs, and hands. The victim died on the spot. The appellant then inflicted self-injuries on his abdomen. Eyewitnesses PW-1 (Saraswatibai Naidu, a social worker) and PW-2 (Nimira, the victim's 10-year-old daughter) witnessed the assault. The FIR was lodged by PW-1. The appellant was arrested on 8 February 2003 after treatment. The trial court convicted him, sentencing him to life imprisonment and a fine of Rs.2,000 for murder, and no separate sentence for the attempt to commit suicide. The appellant appealed to the Bombay High Court. The High Court, after hearing arguments, found that the prosecution had proved its case beyond reasonable doubt through the consistent testimony of eyewitnesses and medical evidence. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony and medical evidence - Appellant stabbed victim multiple times with a knife after she refused to accompany him - Eyewitnesses PW-1 and PW-2 corroborated the incident - Medical evidence showed nine incised wounds on vital parts - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10). B) Criminal Law - Attempt to Commit Suicide - Section 309 IPC - Self-inflicted injuries after murder - Appellant inflicted injuries on his own abdomen after assaulting victim - Conviction under Section 309 IPC upheld but no separate sentence imposed (Paras 2, 10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC and Section 309 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC (life imprisonment and fine of Rs.2,000) and Section 309 IPC (no separate sentence) are upheld.
Law Points
- Murder
- Section 302 IPC
- Attempt to commit suicide
- Section 309 IPC
- Eyewitness testimony
- Medical evidence
- Motive
- Love affair
- Self-inflicted injuries
