Case Note & Summary
The appellants, Anil Kallappa Parshetty and Manoj Kallappa Parshetty, were convicted by the 5th Additional Sessions Judge, Sangli, for the murder of Rakesh Annappa Vadar under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The prosecution case was that on 28 December 2003, at about 8:15 p.m., the deceased was attacked and killed near Yogesh Niwas in Vadar Colony, Sangli. The motive for the murder was the animosity between the appellants and the deceased because the appellants' sister, Ashwini, had committed suicide 8-9 years earlier due to her love affair with the deceased being opposed by her family. The first informant, PW1 Dilip Vadar, brother of the deceased, arrived at the scene and saw his brother lying in a pool of blood. The investigation led to the arrest of the appellants and recovery of weapons. The trial court convicted the appellants based on circumstantial evidence including motive, last seen evidence, recovery of weapons, and conduct of the accused. The appellants appealed to the Bombay High Court. The High Court examined the evidence and found that the chain of circumstances was complete and pointed to the guilt of the appellants. The court noted that the motive was established, the appellants were last seen with the deceased, and the recovery of weapons at their instance was proved. The court also considered the conduct of the appellants after the incident. The High Court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Section 302, 34 Indian Penal Code, 1860 - Appellants convicted for murder of deceased due to animosity arising from sister's suicide over love affair with deceased - Court held that motive, last seen evidence, recovery of weapons, and conduct of accused after incident formed complete chain of circumstances pointing to guilt - Conviction upheld (Paras 1-29).
Issue of Consideration
Whether the conviction of the appellants for murder under Section 302 read with Section 34 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence upheld
Law Points
- Murder
- Circumstantial evidence
- Motive
- Common intention
- Section 302 IPC
- Section 34 IPC
