Case Note & Summary
The appellant, Dashrath Sakharam Sutar, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Chandrakant Parshuram Bajare and sentenced to life imprisonment. The prosecution case was that the appellant, along with co-accused Pralhad (accused No.2), committed the murder. The motive was that the deceased had lent money to accused No.2 for purchasing an auto-rickshaw and for his daughter's marriage, which remained unpaid. Accused No.2 induced the appellant, who was unemployed, to commit the murder by promising employment. On 30th January 1992 at about 11 p.m., in front of Chanakya Housing Society near Deep Bungalow Square, Pune, the appellant beat the deceased with fists and kicks and also gave blows with stones on his head, after removing the deceased's clothes. The incident was witnessed by P.W.2 Vishwas Chavan and P.W.3 Shivaji, who were sitting near a bonfire. They saw the appellant beating the deceased. The deceased became unconscious due to head injuries. The appellant was arrested and blood-stained stones were recovered at his instance. The medical evidence confirmed that the injuries could be caused by stones. The trial court convicted the appellant. The High Court, on appeal, examined the evidence and found that the chain of circumstances was complete. The court noted that the deceased was last seen with the appellant, the recovery of blood-stained stones, and the medical evidence all pointed to the appellant's guilt. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - The appellant was convicted for murdering the deceased by beating with fists, kicks, and stones. The prosecution relied on motive (loan dispute), last seen evidence, recovery of blood-stained stones, and medical evidence. The court held that the chain of circumstances was complete and pointed to the guilt of the appellant. (Paras 1-10) B) Evidence - Circumstantial Evidence - Last Seen Theory - The deceased was last seen with the appellant near the place of occurrence. The court held that the last seen theory, coupled with other circumstances, established the appellant's involvement. (Paras 4-6) C) Evidence - Recovery of Weapon - Blood-stained stones recovered at the instance of the appellant - The recovery of stones with human blood of the same group as the deceased was a strong piece of circumstantial evidence. (Para 7) D) Evidence - Medical Evidence - Injuries on the deceased consistent with the use of stones - The medical officer opined that the injuries could be caused by stones. The court held that the medical evidence corroborated the prosecution case. (Para 8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for the murder of Chandrakant Parshuram Bajare is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Murder conviction under Section 302 IPC
- Circumstantial evidence
- Motive
- Last seen theory
- Recovery of weapon
- Medical evidence corroborating injuries
