Case Note & Summary
The appellants, Babusha @ Baburao Ramabhau Upase (brother-in-law), Sakhubai Rama Upase (mother-in-law), Sau. Shobha Vaijnath Naikwadi (sister-in-law), and Rama Vithal Upase (father-in-law), were convicted by the IIIrd Additional Sessions Judge, Solapur on 31st August 2004 for offences under Sections 302, 342, and 323 read with Section 34 of the Indian Penal Code, 1860, for the murder of Savita, the wife of Shrikrishna Rama Upase. The prosecution case was that about 6-7 years prior to the incident on 10th December 2003, Savita married Shrikrishna and resided with the appellants at Narewadi, Taluka Barshi, District Solapur. Since a year after marriage, the appellants started subjecting Savita to physical and mental torture on petty counts, and Shrikrishna was addicted to liquor, leading to quarrels. About six months prior to the incident, Savita and Shrikrishna started residing separately due to the appellants' insistence on Savita bringing Rs.20,000/- for house construction. On 10th December 2003, at around 7:00 a.m., Savita was found with burn injuries in the house of the appellants. She was taken to the hospital where she succumbed to injuries. The prosecution relied on the evidence of PW1 Sindhubai (mother), PW2 Shrikrishna (husband), PW3 Dattatraya (panch witness), PW4 Dr. Shinde (autopsy surgeon), and PW5 PSI Shinde (investigating officer). The trial court convicted all four appellants. The High Court, in appeal, examined the evidence and found that the prosecution had established motive, last seen evidence, and a dying declaration. The court held that the chain of circumstances was complete and proved the guilt of the appellants beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Dowry Harassment - Sections 302, 342, 323 r.w. 34 Indian Penal Code, 1860 - Conviction upheld - Appellants, in-laws of victim Savita, subjected her to physical and mental torture for failure to bring Rs.20,000/- for house construction - On 10.12.2003, Savita was found with burn injuries and later died - Prosecution established motive, last seen evidence, and dying declaration - Held that the chain of circumstances was complete and proved guilt beyond reasonable doubt (Paras 1-24).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 342, 323 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the IIIrd Additional Sessions Judge, Solapur on 31st August 2004 are upheld.
Law Points
- Dowry death
- Circumstantial evidence
- Last seen theory
- Motive
- Section 302 IPC
- Section 34 IPC
- Section 342 IPC
- Section 323 IPC
