Case Note & Summary
The case involves two criminal appeals filed by Jasbirsing Tak and Nitin Nerlikar against their conviction under Section 302 of the Indian Penal Code (IPC) for the murder of Suresh Sulgekar. The incident occurred on 16 October 2011 when the deceased was taken to a hospital after sustaining injuries and later died. The prosecution's case was based on circumstantial evidence, primarily the last seen theory, as the appellants were seen with the deceased shortly before his death. The trial court convicted the appellants under Section 302 IPC and sentenced them to life imprisonment, while acquitting two other accused of murder but convicting them under Section 323 read with 34 IPC. The appellants challenged the conviction, arguing that the evidence was insufficient and that the last seen theory was not properly established. The High Court examined the evidence, including the testimony of witnesses and the circumstances, and found that the chain of circumstances was complete, pointing to the guilt of the appellants. The court held that the appellants failed to explain how the deceased sustained injuries when they were last seen with him. The appeals were dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Conviction under Section 302 Indian Penal Code, 1860 - Appellants were last seen with the deceased and failed to explain the disappearance - Chain of circumstances complete - Held that conviction based on circumstantial evidence is sustainable when the chain is complete and points to the guilt of the accused (Paras 1-10). B) Criminal Law - Common Intention - Acquittal of Co-Accused - Section 34 Indian Penal Code, 1860 - Appellants convicted under Section 302 read with 34 IPC while co-accused acquitted of murder but convicted under Section 323 read with 34 IPC - Held that acquittal of some does not vitiate conviction of others if their individual role is established (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Section 302 IPC based on circumstantial evidence and last seen theory is sustainable.
Final Decision
Both appeals are dismissed. The conviction and sentence of the appellants under Section 302 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- common intention
- Section 302 IPC
- Section 34 IPC
- Section 323 IPC
