Case Note & Summary
The appellant, Bajrang Ganpat Aware, was convicted by the Additional Sessions Judge, Solapur for the murder of Vasant Gangaram Karade under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that the appellant's brother Ramesh was married to Sangita, daughter of the deceased. Sangita was ill-treated by her husband and mother-in-law, and the appellant also participated in the ill-treatment when he visited his native place. About 4-5 days before the incident, Sangita was driven out of the house, leading to a police complaint on 11th July 1996. The appellant's mother threatened to teach a lesson to Sangita and her family after the appellant's arrival. On the day of the incident, the appellant went to the house of the deceased and stabbed him with a knife, causing his death. The appellant challenged his conviction in the High Court. The court examined the evidence, particularly the testimony of the injured witness (PW-1) who was present and identified the appellant as the assailant. The court found the testimony credible and corroborated by medical evidence. The motive of ill-treatment was also established. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on motive and testimony of injured witness - The appellant was convicted for murdering his father-in-law by stabbing him with a knife. The court upheld the conviction relying on the motive of ill-treatment of the appellant's sister-in-law and the credible testimony of the injured witness (PW-1) who was present at the scene. Held that the prosecution had proved its case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence of life imprisonment under Section 302 IPC confirmed.
Law Points
- Murder
- Section 302 IPC
- Motive
- Injured Witness Testimony
- Circumstantial Evidence
- Life Imprisonment
