Case Note & Summary
The appellant, Mohan Maroti Jadhav, was convicted by the Sessions Court, Yavatmal, for the murder of Zimibai by strangulation and robbery of her silver ornaments. The prosecution case was that on 18/09/2013, the deceased was found hanging from a tree in a field, and her ornaments were missing. The appellant was last seen with the deceased and soon after sold the stolen ornaments to three goldsmiths in Mohada village. The police recovered the ornaments from the goldsmiths. The trial court convicted the appellant under Sections 302 and 397 IPC, sentencing him to life imprisonment and 10 years rigorous imprisonment respectively. The appellant appealed, challenging the conviction on the ground that the evidence was circumstantial and insufficient. The High Court examined the evidence, including the testimony of the goldsmiths who identified the appellant as the seller, and the recovery of the ornaments. The court found that the chain of circumstances was complete and consistent with the guilt of the appellant. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder and Robbery - Circumstantial Evidence - Sections 302, 397 Indian Penal Code, 1860 - Conviction based on last seen evidence and recovery of stolen ornaments - Court held that the chain of circumstances was complete and pointed to the guilt of the accused - Recovery of ornaments from goldsmiths to whom accused sold them soon after the incident was a strong incriminating circumstance - Appeal dismissed (Paras 1-11).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 397 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 397 IPC confirmed.
Law Points
- Circumstantial evidence
- last seen theory
- recovery of stolen property
- presumption under Section 114(a) Evidence Act
- conviction under Sections 302 and 397 IPC
Case Details
2019 LawText (BOM) (06) 162
Criminal Appeal No.362 of 2016
P.N. Deshmukh, Mrs. Pushpa V. Ganediwala
Shri M.P. Kariya for appellant, Shri S.A. Ashirgade for respondent
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Nature of Litigation
Criminal appeal against conviction for murder and robbery
Remedy Sought
Appellant sought acquittal from conviction under Sections 302 and 397 IPC
Filing Reason
Appellant challenged his conviction by the Sessions Court
Previous Decisions
Sessions Court convicted appellant under Sections 302 and 397 IPC and sentenced to life imprisonment and 10 years RI respectively
Issues
Whether the circumstantial evidence is sufficient to sustain conviction under Sections 302 and 397 IPC
Submissions/Arguments
Appellant argued that the evidence is circumstantial and insufficient to prove guilt beyond reasonable doubt
Prosecution argued that the chain of circumstances, including last seen evidence and recovery of stolen ornaments, is complete and points to the appellant's guilt
Ratio Decidendi
In a case based on circumstantial evidence, the chain of circumstances must be complete and consistent with the guilt of the accused. Recovery of stolen property soon after the incident from persons to whom the accused sold it is a strong incriminating circumstance.
Judgment Excerpts
The conviction of the appellant-original accused for the offence punishable under Sections 302 and 397 of the Indian Penal Code, in Sessions Case No.06/2014, at the instance of Police Station, Ghatanji, District Yavatmal, in Crime No. 136/2013 dated 18/09/2013, is challenged in this appeal.
For the offence of murder, the appellant-accused is sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default, further R.I. for one month and for the offence of robbery, he is sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1,000/-, in default, further R.I. for one month.
Procedural History
The appellant was convicted by the Sessions Court, Yavatmal, in Sessions Case No.06/2014. He appealed to the High Court of Bombay, Nagpur Bench, which dismissed the appeal on 20/06/2019.
Acts & Sections
- Indian Penal Code, 1860: 302, 397
