Case Note & Summary
The appellant, Dhaya Gomya Paradhi, was convicted by the Sessions Judge, Raigad-Alibag, for the murder of his wife Nagi under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that the marriage took place in 2001, and the appellant frequently quarreled and beat his wife for visiting her parents. About 10 days before the incident, the victim was brought to her father's house after being beaten and unable to walk. She then stayed with her paternal grandmother, Tai Pingala (PW5). On the night of 4 November 2004, the appellant entered the grandmother's house and assaulted the victim with a wooden log on her face and head. The grandmother woke up and saw the appellant running away. The victim was taken to the hospital, where she gave a dying declaration to the Executive Magistrate (PW4) implicating the appellant. She died on 6 November 2004. The appellant was charged under Section 302 IPC. The trial court convicted him based on motive, last seen evidence, and the dying declaration. The appellant appealed, arguing that the dying declaration was not reliable and that the circumstances did not form a complete chain. The High Court examined the evidence and found that the motive was established by the testimony of the victim's father (PW1) and grandmother (PW5) regarding frequent quarrels. The dying declaration was recorded after the doctor certified the victim was conscious, and it was consistent with the oral evidence. The court also noted that the appellant failed to explain the incriminating circumstances in his Section 313 CrPC statement. The High Court held that the chain of circumstances was complete and the conviction was proper. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on motive, last seen evidence, and dying declaration - The appellant was convicted for murdering his wife by assaulting her with a wooden log. The court held that the chain of circumstances, including motive of frequent quarrels, last seen together, and dying declaration, was complete and pointed to the guilt of the accused. (Paras 1-20) B) Evidence Law - Dying Declaration - Section 32(1) Indian Evidence Act, 1872 - Admissibility and reliability - The dying declaration recorded by the Executive Magistrate was found to be voluntary and truthful, as the victim was conscious and coherent. The court held that the dying declaration can be the sole basis for conviction if it inspires confidence. (Paras 10-15) C) Criminal Procedure - Examination of Accused - Section 313 Code of Criminal Procedure, 1973 - Incriminating circumstances must be put to accused - The court found that the trial court had properly put all incriminating circumstances to the appellant, and his answers were evasive, which could be used as an additional link. (Para 18)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence and motive is sustainable in law.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are confirmed.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- dying declaration
- Section 302 IPC
- Section 313 CrPC
- Section 164 CrPC
