Case Note & Summary
The appellant, Sanjay Jaywant Kamble, was convicted by the IIIrd Additional Sessions Judge, Raigad, under Section 302 of the Indian Penal Code for the murder of a person on 10th August 1998 at about 9:30 p.m. opposite a Liquor Den in Alibag. The incident occurred after a community meeting at Lamani Hall where a dispute arose over advancing a loan to P.W.2 Bapu Pandurang Agravkar. The deceased insisted on giving the loan, but the appellant, who was the accountant, objected on the ground that earlier loans were in arrears. After the meeting, the appellant allegedly stabbed the deceased with a knife. The prosecution examined eye witnesses P.W.1 and P.W.2, who testified to seeing the appellant stab the deceased. P.W.2 also deposed about an oral dying declaration made by the deceased naming the appellant as the assailant, which was corroborated by P.W.4, a panch witness. Additionally, the discovery of the weapon and a T-shirt at the instance of the appellant, and the seizure of the deceased's clothes by P.W.5, were relied upon. The trial court convicted the appellant and sentenced him to life imprisonment and a fine of Rs.10,000. The appellant challenged the conviction in the High Court. The High Court, after considering the evidence, found the testimony of the eye witnesses credible and corroborated by the dying declaration and other evidence. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eye witness testimony and oral dying declaration - The court upheld the conviction relying on the testimony of P.W.1 and P.W.2 as eye witnesses and the oral dying declaration made to P.W.2 and corroborated by P.W.4, along with discovery of weapon and clothes. Held that the prosecution proved its case beyond reasonable doubt (Paras 1-2).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence of eye witnesses and oral dying declaration.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Conviction under Section 302 IPC can be based on testimony of eye witnesses and oral dying declaration
- even if other witnesses are not examined
- provided the evidence is credible and corroborated.
