Case Note & Summary
The appellant, Namdeo Bapurao Gund, was convicted by the Additional Sessions Judge, Beed in Sessions Case No.102 of 2010 for the murder of his daughter-in-law under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs.1000. The prosecution case was that on 10th April 2010, the appellant killed his daughter-in-law by hitting her with a stick. The evidence included motive (the appellant was unhappy with his son's marriage), last seen evidence (PW3 Parubai saw the appellant and the deceased together), and recovery of the weapon (a stick) at the instance of the appellant. The appellant argued that the evidence was insufficient and that the conviction was based on conjectures. The High Court, after examining the evidence, held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court found that the motive was established, the last seen evidence was credible, and the recovery of the weapon was proved. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his daughter-in-law based on circumstantial evidence including motive, last seen, and recovery of weapon. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant, confirming the conviction (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Circumstantial evidence
- motive
- last seen theory
- recovery of weapon
- Section 302 IPC
- Section 235 CrPC
