Case Note & Summary
The appellant, Raju Shankar Shete, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Alka Bhise by the Sessions Judge, Sangli, in Sessions Case No.29 of 1993, vide judgment dated 30th March 1996. The case was based on circumstantial evidence. The prosecution alleged that the appellant had a motive to kill the deceased as she had refused to marry him. The deceased was last seen with the appellant on the day of the incident. The body was found in a well, and the appellant was arrested and allegedly made a disclosure leading to the recovery of a weapon. The High Court of Bombay, in its appellate jurisdiction, examined the evidence and found that the chain of circumstances was complete and pointed unequivocally to the guilt of the appellant. The court held that the motive, the last seen evidence, and the recovery of the weapon were sufficient to sustain the conviction. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence upheld where motive, last seen together, and recovery of weapon formed a complete chain pointing to guilt - Held that the prosecution had established the chain of circumstances beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are confirmed.
Law Points
- Circumstantial evidence
- motive
- last seen together
- chain of circumstances
- Section 302 IPC
