Case Note & Summary
The appeal is directed against the judgment and order dated 5.10.1988 of the Additional Sessions Judge, Pune in Sessions Case No.434 of 1987, convicting both appellants under Section 302 read with 34 IPC and sentencing them to life imprisonment for causing the death of Shaikh Yusuf Shaikh Rajjak on 9.9.1987 at about 10.30 pm. The appeal was admitted on 4.11.1988 and the accused were released on bail. Due to the absence of the advocate on record on several occasions, the court issued notices and eventually fixed the appeal for final hearing. On the date of hearing, the advocate for the appellants was absent, and the court proceeded to hear the appeal on merits. The court examined the evidence and found that the prosecution had established a complete chain of circumstantial evidence, including motive and last seen evidence, pointing to the guilt of the appellants. The court held that there were no grounds to interfere with the trial court's findings and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 34 Indian Penal Code, 1860 - Appeal against conviction for murder - Appellants convicted for causing death of deceased on 9.9.1987 - Conviction based on circumstantial evidence including motive and last seen theory - Held that the prosecution proved the chain of circumstances beyond reasonable doubt and the trial court's judgment does not warrant interference (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with 34 IPC for murder is sustainable on the basis of circumstantial evidence.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 read with 34 IPC confirmed.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- Section 302 IPC
- Section 34 IPC
