Case Note & Summary
The appellant, Vinod Vasant Mahadik, was convicted by the 4th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai, for the offence punishable under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs.1,000/- with default imprisonment. The appellant appealed against the conviction and sentence. The prosecution case was that the appellant and the deceased, who were friends, were consuming liquor together when the deceased made unfavourable and uncharitable remarks about the appellant's sister, stating she was of loose moral character and having affairs with married men. Enraged by this, the appellant took out a knife and inflicted nine injuries on various parts of the deceased's body, causing his death on the spot. The appellant had been in jail since his arrest and had undergone eight years and nine months of actual imprisonment, or 11 years and one month with remissions. The High Court, after hearing the counsel for the appellant and the State, found no ground to interfere with the trial court's judgment and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - Appellant inflicted nine knife injuries on deceased after deceased made derogatory remarks about appellant's sister's character - Trial court's judgment confirmed - No interference warranted (Paras 1-5).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Conviction upheld
- No mitigating circumstances
