Case Note & Summary
The appellant, Ashok Soma Misal, was convicted by the 5th Adhoc Additional Sessions Judge, Pune, in Sessions Case No. 476/2000 for the murder of his wife, Mangal, under Section 302 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life. The appellant challenged this judgment and order dated 30th July 2001 before the Bombay High Court. The prosecution case was that on 15th July 2000 at about 16:45 hours, the appellant came home drunk, quarrelled with his wife, and assaulted her with a blade on her face and stomach. After she fell down, he hit her with a stone, causing her death on the spot. The appellant then went to the police station and lodged an FIR. He was arrested and chargesheeted. He pleaded not guilty. The trial court, based on the evidence of witnesses and medical reports, convicted him. The High Court heard the appeal. The learned counsel for the appellant argued for acquittal, while the APP supported the conviction. The court examined the evidence and found it consistent and reliable. The High Court upheld the conviction and sentence, dismissing the appeal. The court held that the prosecution had proved its case beyond reasonable doubt.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction and Sentence - Appellant convicted for murdering his wife by causing injuries with a blade and stone while drunk - Trial court sentenced him to life imprisonment - High Court upheld the conviction and sentence, finding the evidence of eyewitnesses and medical evidence consistent and reliable - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Conviction upheld
- Drunkenness no defence
- Homicide by blade and stone
