Case Note & Summary
The appellant, Ramesh Baburao Wagh, was convicted under Section 302 of the Indian Penal Code for the murder of a minor girl named Chayya. The prosecution case was that the appellant had been eve-teasing Chayya and her sister Tulsa while they walked to school. Their father confronted the appellant and slapped him in public, which enraged the appellant. On 15th December 1997, while the girls were on their way to school, the appellant overtook them and prevented them from proceeding. The prosecution alleged that the appellant then murdered Chayya. The trial court convicted the appellant based on the eyewitness testimony of Tulsa, the sister, and the established motive. The appellant appealed against the conviction and life sentence. The Bombay High Court, after scrutinizing the record and evidence, found no reason to doubt the trial court's decision. The court noted that the prosecution had established the motive of revenge due to the father's intervention. The eyewitness account of Tulsa was found credible and consistent. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and motive - The appellant was convicted for murdering a minor girl after he had eve-teased her and her sister, and the father had slapped him. The court upheld the conviction, finding the eyewitness account of the sister credible and the motive established. (Paras 1-3) B) Evidence - Credibility of Child Witness - Section 118 Indian Evidence Act, 1872 - The testimony of the minor sister (Tulsa) was found reliable as she was a natural witness and her evidence was consistent. The court held that the trial court correctly relied on her testimony. (Paras 2-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of a minor girl is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Motive
- Eyewitness Testimony
- Circumstantial Evidence
- Section 302 IPC
- Indian Penal Code
- 1860
