Case Note & Summary
The appellant, Mohd. Jahir Puttan Khan, was convicted by the 7th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.307 of 2004 for the murder of his wife Mehnaz Istikhar Khan and mother-in-law Zaheeda Bano, and for attempting to murder his brother-in-law Arif Ishtikar Khan. He was sentenced to life imprisonment for murder and five years rigorous imprisonment for attempt to murder. The prosecution case was that on the night of 26/27 December 2003, the appellant, who resided with his in-laws, attacked the victims with a cement brick while they were sleeping. The motive was that the appellant suspected his wife of infidelity and had quarrels with her. The prosecution relied on circumstantial evidence: the appellant was last seen with the victims before the incident, his conduct after the incident (he was found sitting outside the room and later absconded), and the recovery of a bloodstained brick at his instance. The trial court found the evidence sufficient and convicted him. The appellant appealed, arguing that the evidence was insufficient and that the prosecution failed to prove the case beyond reasonable doubt. The High Court examined the evidence, including the testimony of PW-4 Arif (the surviving victim), who stated that the appellant had quarrels with his wife and that on the night of the incident, the appellant was present in the room. The court also noted that the appellant did not raise an alarm or inform anyone about the incident, and instead fled. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Circumstantial Evidence - Sections 302, 307, 34 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - The appellant was convicted for murdering his wife and mother-in-law and attempting to murder his brother-in-law - The prosecution relied on motive, last seen evidence, conduct of accused, and recovery of weapon - The court held that the chain of circumstances was complete and pointed only to the guilt of the accused - The appeal was dismissed (Paras 1-23).
Issue of Consideration
Whether the conviction of the appellant for offences under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentences imposed by the trial court are upheld.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- conduct of accused
- Section 302 IPC
- Section 307 IPC
- Section 34 IPC
