Case Note & Summary
The appellant, Mohammed Subhamiya Farukh Shaikh, was convicted by the 6th Adhoc Additional Sessions Judge, Mumbai, for the murder of his wife Shehnaz Begam under Section 302 IPC and sentenced to life imprisonment with a fine of Rs.1000. The prosecution case was that the appellant and his wife had marital discord, and five months prior to the incident, the wife and children were living with her mother PW1. On 23rd March 2005, the appellant came to PW1's house and asked them to come to Govandi on 24th March for giving talaq (divorce). On 24th March 2005, PW1 and Shehnaz went to Padmanagar police chowky where a talaqnama was executed. While returning home, the appellant, armed with a sharp cutting weapon, approached them, abused Shehnaz, and when she ran into a tyre shop, he followed and assaulted her. PW1 went to bring police help (PW7 Chinchkar), but by the time they returned, the appellant had fled. Shehnaz was taken to Rajawadi Hospital where she died. The appellant was arrested and charged. The trial court convicted him. In appeal, the appellant argued that the evidence of PW1 was unreliable and that there were contradictions. The High Court examined the evidence and found PW1's testimony to be consistent and credible, corroborated by PW7 who saw the injured woman and the tyre shop. The medical evidence supported the injuries. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - Appeal against conviction for murder of wife - Court held that the testimony of PW1 (mother of deceased) was credible and corroborated by PW7 (police head constable) and medical evidence - No reason to disbelieve the eyewitness account despite absence of independent witnesses - Appeal dismissed (Paras 1-25).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC is sustainable based on the testimony of PW1 (mother of deceased) and PW7 (police head constable) and other circumstantial evidence.
Final Decision
Appeal dismissed; conviction and sentence confirmed
Law Points
- Murder
- Circumstantial Evidence
- Credibility of Witnesses
- Last Seen Theory
- Motive
- Section 302 IPC
