Case Note & Summary
The appellant, Walkesh Gangaram Jhadav, was convicted by the Additional Sessions Judge, Thane in Sessions Case No.405 of 1998 for the murder of his wife Hirabai under Section 302 of the Indian Penal Code, 1860 (IPC) and for cruelty under Section 498A IPC. He was sentenced to life imprisonment for murder and two years rigorous imprisonment for cruelty, with fines. The incident occurred in the house of the complainant (PW1), who is the father of the deceased. The prosecution case was that the appellant axed his wife to death because she refused to provide him money for liquor. The complainant's daughter Kavita (PW3) saw the appellant going towards Hirabai with an axe and called out to her father. The complainant rushed to the room and saw the appellant had already dealt a blow on Hirabai's neck with the axe. The appellant then ran away. The complainant lodged a complaint at Padgha Police Station. The axe was seized from the complainant's house where the accused had thrown it. The appellant was apprehended and tried. The trial court convicted him. The appellant appealed to the Bombay High Court. The High Court, after hearing the arguments, found the evidence of the eyewitnesses credible and consistent. The court noted that the appellant had thrown the axe in the complainant's house, which was seized. The court upheld the conviction under Section 302 IPC and Section 498A IPC, and confirmed the sentences, ordering them to run concurrently. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - The appellant was convicted for murdering his wife by axing her neck after she refused to give him money for liquor. The court upheld the conviction relying on the testimony of the complainant (father of deceased) and the eyewitness (sister of deceased), which was consistent and credible. (Paras 2-3) B) Criminal Law - Cruelty by Husband - Section 498A IPC - Conviction for cruelty - The appellant was also convicted under Section 498A for subjecting his wife to cruelty. The court upheld this conviction as the evidence showed the appellant demanded money for liquor and assaulted his wife when she refused. (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 498A of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentences under Sections 302 and 498A IPC are confirmed. The substantive sentences shall run concurrently.
Law Points
- Murder
- Cruelty
- Section 302 IPC
- Section 498A IPC
- Life Imprisonment
- Concurrent Sentences
