Case Note & Summary
The case pertains to the murder of Sachin Kisan Gavate on 11th November 2006 at about 11:00 p.m. at Gorakhgawali chowk, Ligade Mala, Ichalkaranji. The appellants, Shakil Papalal Jamadar (A1) and Mubarak Mehboob Mulla (A2), were convicted by the Ad-hoc Additional Sessions Judge, Ichalkaranji in Sessions Case No.14 of 2007 for murder under Section 302 read with 34 IPC and sentenced to life imprisonment. The prosecution case was that the deceased and his family had a prior enmity with A1 because about 2½ years earlier, A1 had harassed a liquor den owner (PW13) and the deceased's father (PW7) had slapped A1. On the night of the incident, the deceased left home after dinner and did not return. The next morning, his dead body was found with injuries. The prosecution relied on circumstantial evidence: motive, last seen evidence (PW1 and PW2 saw the deceased with the appellants near the scene), recovery of weapons (a knife and a sword) at the instance of the appellants, and extra-judicial confession made by the appellants to PW13. The trial court found the evidence sufficient and convicted them. The appellants appealed to the Bombay High Court. The High Court examined the evidence and held that the chain of circumstances was complete and consistent only with the guilt of the appellants. The motive was established by the prior incident. The last seen evidence was credible and corroborated by the recovery of weapons and extra-judicial confession. The court dismissed both appeals and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Common Intention - Sections 302, 34 Indian Penal Code, 1860 - Appellants convicted for murder of victim based on circumstantial evidence including motive, last seen evidence, recovery of weapons, and extra-judicial confession - Court held that the chain of circumstances was complete and pointed only to the guilt of the appellants - Motive established by prior incident where appellant no.1 was slapped by victim's father - Last seen evidence by PW1 and PW2 credible - Recovery of blood-stained weapons at instance of appellants - Extra-judicial confession to PW13 reliable - Conviction upheld (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellants for murder under Section 302 read with 34 IPC based on circumstantial evidence is sustainable.
Final Decision
Both appeals dismissed. Conviction and sentence of life imprisonment under Section 302 read with 34 IPC upheld.
Law Points
- Circumstantial evidence
- motive
- common intention
- Section 302 IPC
- Section 34 IPC
- Section 498A IPC
