Case Note & Summary
The appellant, Basheer Dastagir Shaikh, was convicted by the Additional Sessions Judge, Pune in Sessions Case No. 294 of 1994 for the murder of his wife, Rajiyabi, by strangulation with a cable wire on 14th July 1994. The prosecution examined eight witnesses, including eyewitnesses to the last seen event, a doctor who noted ligature marks, a panch witness to recovery of the cable wire, and the investigating officer. The appellant denied guilt and appealed, arguing discrepancies in the evidence of two witnesses and lack of motive. The High Court, after reappreciating the evidence, found that the prosecution had proved its case beyond reasonable doubt. The court noted that the deceased was last seen with the accused in the house, ligature marks were found on her neck, the cable wire used was recovered at the instance of the accused, and the post-mortem confirmed homicidal death. The court held that the chain of circumstances was complete and pointed only to the guilt of the accused, and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Sections 302, 201 IPC - Appeal against conviction for murder of wife - Prosecution relied on last seen evidence, ligature marks, recovery of cable wire at instance of accused - Court held that the chain of circumstances was complete and pointed only to the guilt of the accused - Conviction upheld (Paras 1-11).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on circumstantial evidence is sustainable in law.
Final Decision
Appeal dismissed. Conviction and sentence of appellant under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- homicidal death
- ligature marks
- recovery of weapon at instance of accused
Case Details
2005 LawText (BOM) (04) 51
Criminal Appeal No. 315 of 2001
V.G. Palshikar, Smt. Nishita Mhatre
Mrs. Rachita Dhura (for appellant), Mrs. P.H. Kantharia (APP for State)
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant aggrieved by judgment dated 26-03-1997 of Additional Sessions Judge, Pune convicting him for murder of his wife
Previous Decisions
Trial court convicted appellant for murder under Section 302 IPC
Issues
Whether the conviction based on circumstantial evidence is sustainable when there are discrepancies in the evidence of two witnesses?
Whether the prosecution proved that it was the accused who killed the deceased beyond reasonable doubt?
Submissions/Arguments
Appellant argued serious discrepancies in evidence of two witnesses, lack of motive, and that prosecution failed to prove accused killed deceased.
Respondent argued that evidence was cogent and adequate, and murder was proved beyond doubt by clinching evidence.
Ratio Decidendi
In a case based on circumstantial evidence, the chain of circumstances must be complete and point only to the guilt of the accused. Here, the last seen evidence, ligature marks, recovery of cable wire at the instance of the accused, and medical evidence of homicidal death formed a complete chain, and the conviction was upheld.
Judgment Excerpts
The prosecution story stated briefly is that on 14th July 1994 the accused strangulated his wife by means of a wire of cable and caused her death.
It will thus be seen that there is adequate evidence to sustain the order of conviction.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Pune on 26-03-1997 in Sessions Case No. 294 of 1994. He appealed to the Bombay High Court, which heard the appeal and dismissed it on 25-04-2005.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 201
