Case Note & Summary
The appellant, Abbasali Khajbhai Sayyad, was convicted by the Vth Ad-hoc Additional Sessions Judge, Solapur, for the murder of his wife Najma Abbasali Sayyad and daughter Anjum Abbasali Sayyad on 29th September 2005. The prosecution case was that the appellant, after marriage in 2001, started suspecting his wife's character and quarreling with her. About 1.5 years before the incident, he left her at her father's house and went away, returning only 8 days prior to the incident. After a panchayat, he took her back but on the night of the incident, he killed both by striking them with a stone at his brother-in-law's house. The trial court convicted him under Section 302 IPC and sentenced him to life imprisonment. The High Court, on appeal, examined the circumstantial evidence including motive, last seen evidence, extra-judicial confession, and dying declaration. The court found that the dying declaration recorded by a Special Executive Magistrate was reliable and that the extra-judicial confession made to PW9 was corroborated. The court held that the chain of circumstances was complete and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Suspicion of Character - The appellant was convicted for murdering his wife and daughter by inflicting stone blows. The court held that the chain of circumstances including motive, last seen together, extra-judicial confession, and dying declaration was complete and pointed to the guilt of the appellant. (Paras 1-24) B) Evidence Law - Dying Declaration - Reliability - The dying declaration of the deceased wife recorded by a Special Executive Magistrate was found to be voluntary and truthful, and was relied upon by the court. (Paras 15-18) C) Evidence Law - Extra-Judicial Confession - Credibility - The extra-judicial confession made by the appellant to PW9 (brother-in-law) was corroborated by other evidence and was held to be admissible. (Paras 19-21)
Issue of Consideration
Whether the conviction of the appellant for murder of his wife and daughter under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- motive
- last seen together
- extra-judicial confession
- dying declaration
- Section 302 IPC
- Section 498A IPC
