Case Note & Summary
The appellant, Babasaheb Appasaheb Mane, was convicted under Section 302 of the Indian Penal Code for the murder of his wife Vimal and daughter Rekha, and for attempting to murder his other children Sushma and Sagar. The incident occurred on the day when the sale of certain lands was finalized. The appellant's father had decided to sell the lands, and the sale proceeds were paid to Vimal. After the land measurements were taken, the appellant locked himself in his house with his family and attacked them with a weapon. The wife and daughter died, while Sushma and Sagar sustained injuries. The prosecution case was based on the dying declaration of Vimal made to her brother Bayaji and to the police, and the testimony of Sushma, who was nine years old at the time. The appellant argued that the dying declaration was not reliable and that the child witness was tutored. The court, however, found the dying declaration to be consistent and credible, and the testimony of Sushma to be natural and corroborated by other evidence. The court also noted that the appellant had a motive for the crime, as he was angry about the sale of land and the payment of money to his wife. The court upheld the conviction and sentence of life imprisonment.
Headnote
A) Criminal Law - Murder - Dying Declaration - Section 302 Indian Penal Code, 1860 - The court considered the admissibility and reliability of a dying declaration made by the deceased wife to her brother and the police, implicating the appellant. The court held that the dying declaration was consistent and credible, and could be relied upon to convict the appellant. (Paras 5-10) B) Criminal Law - Child Witness - Testimony - Section 302 Indian Penal Code, 1860 - The court examined the testimony of the nine-year-old daughter Sushma, who was an injured witness. The court held that her testimony was natural, consistent, and corroborated by other evidence, and thus could be relied upon. (Paras 11-15) C) Criminal Law - Circumstantial Evidence - Motive - Section 302 Indian Penal Code, 1860 - The court found that the motive for the crime was the appellant's anger over the sale of land and the payment of sale proceeds to his wife. The court held that the chain of circumstances was complete and pointed to the guilt of the appellant. (Paras 16-20)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for the murder of his wife and daughter is sustainable based on the dying declaration and the testimony of the injured child witness.
Final Decision
Appeal dismissed. Conviction under Section 302 IPC and sentence of life imprisonment upheld.
Law Points
- Dying declaration
- Testimony of child witness
- Section 302 IPC
- Murder
- Circumstantial evidence
