Case Note & Summary
The appellant, Rameshchandra Dwarkaprasad Gupta, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife, Usha (also known as Kalawati), and sentenced to life imprisonment. The incident occurred on 6th October 2003 at about 10:15 a.m. when the appellant, suspecting his wife of having an illicit relationship with a neighbour, Bhujarath Jaiswal (PW4), inflicted knife blows on her in their home in Jogeshwari, Mumbai. The appellant's son, Chandan Gupta (PW3), who was 13 years old at the time, witnessed the attack and testified against his father. Neighbours Urmila Sharma (PW1) and Vishnu Tak (PW2) also provided evidence of the appellant's frequent quarrels with his wife and his suspicion of her character. The trial court convicted the appellant, and the High Court heard the appeal. The appellant argued that the evidence was insufficient and that the son's testimony was unreliable. However, the court found the son's testimony to be credible and corroborated by the neighbours. The court noted that the motive of suspicion of illicit relationship was established and that the appellant had inflicted multiple knife blows, indicating intention to cause death. The High Court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on testimony of son and neighbours - Appellant convicted for killing his wife on suspicion of illicit relationship - Court held that the evidence of the son (PW3) was credible and corroborated by neighbours (PW1, PW2, PW4) - Motive of suspicion of illicit relationship established - Appeal dismissed (Paras 1-8).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC for the murder of his wife is sustainable based on the evidence of the son and neighbours.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Section 302 IPC.
Law Points
- Murder
- Section 302 IPC
- Life Imprisonment
- Motive
- Circumstantial Evidence
- Child Witness
- Credibility of Witnesses
Case Details
2012 LawText (BOM) (12) 65
Criminal Appeal No.964 of 2005
Smt. V. K. Tahilramani, A. R. Joshi
Smt. Rohini Dandekar (appointed) for the Appellant, Mrs. S.V. Gajare Dhumal, APP for the Respondent – State
Rameshchandra Dwarkaprasad Gupta
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant challenged the judgment and order of conviction dated 11th January 2005 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.122 of 2004.
Previous Decisions
The Additional Sessions Judge, Greater Bombay convicted the appellant under Section 302 IPC and sentenced him to life imprisonment.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of the son and neighbours.
Submissions/Arguments
Appellant argued that the evidence was insufficient and the son's testimony was unreliable.
Respondent State argued that the evidence of the son and neighbours was credible and corroborated, establishing the guilt beyond reasonable doubt.
Ratio Decidendi
The testimony of the son (PW3) who witnessed the attack was credible and corroborated by neighbours (PW1, PW2, PW4). The motive of suspicion of illicit relationship was established. The appellant inflicted multiple knife blows, indicating intention to cause death. Hence, the conviction under Section 302 IPC is sustainable.
Judgment Excerpts
Heard rival submissions on this Criminal Appeal preferred by the appellant/orig.accused challenging the judgment and order of conviction dated 11th January, 2005 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.122 of 2004.
Appellant/accused was doubting the character of his wife who used to do some minor labour work. He was doubting that his wife Usha @ Kalawati (since deceased) had illicit relations with one Bhujarath Jaiswal (PW4).
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Bombay on 11th January 2005 in Sessions Case No.122 of 2004 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the High Court of Judicature at Bombay, which heard the appeal and dismissed it on 5th December 2012.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
