Case Note & Summary
The appellant, Karim Gulab Mujavar, was convicted by the Sessions Judge, Raigad-Alibag, for the murder of his wife Naseema on 13th March 2006 and sentenced to life imprisonment. The prosecution case was that the appellant suspected his wife's fidelity and had been harassing and beating her. Naseema had left the matrimonial home two months prior and returned only a day before the incident. On the fateful day, at about 8:15 p.m., PW2 Gajanan Patil and another traffic inspector saw a crowd at the S.T. Stand, Pen, and found a lady in a pool of blood with the appellant standing nearby holding a sickle. The appellant said 'this lady is my wife who has cheated me' and fled. The lady was taken to hospital but died within 15-20 minutes. PW1 Reshma, a relative, identified the deceased and lodged an FIR. The appellant was arrested later. The trial court convicted him under Section 302 IPC. The High Court, in appeal, examined the circumstantial evidence including motive, last seen evidence, extra-judicial confession, and recovery of the weapon. The court held that the chain of circumstances was complete and consistent only with the guilt of the appellant, and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on motive, last seen evidence, and extra-judicial confession - Appellant suspected his wife's fidelity and had quarreled with her; she had left him two months prior and returned a day before the incident - On the day of incident, appellant was seen with deceased at S.T. Stand and later found holding a sickle near her body - Appellant made an extra-judicial confession stating 'this lady is my wife who has cheated me' - Held that the chain of circumstances was complete and pointed only to the guilt of the appellant (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC confirmed
Law Points
- Circumstantial evidence
- motive
- last seen together
- extra-judicial confession
- Section 302 IPC
- Section 498A IPC
