Case Note & Summary
The appellant, Ashok Ganpati Shinde, was convicted by the Additional Sessions Judge, Islampur, for the murder of his wife Sakhubai on 4 June 2004 at about 9:00 a.m. in his house at Sujayanagar, Kapari, Taluka Shirala, District Sangli. The prosecution case was that the appellant and his wife had frequent quarrels because she would often go to her parental home without informing him. On the day of the incident, after returning from her parents' house, a quarrel ensued when a phone call came for Sakhubai from her parents' house. The appellant tried to stop her from going to receive the call, but she insisted and used abusive language. Enraged, the appellant took an axe that was hanging on the door frame and struck her on the head near the ear. She sustained a bleeding injury and fell down. The appellant's son, Prasad (PW5), aged 8 years, witnessed the incident. The appellant then fled. Prasad informed his grandmother, who returned and found Sakhubai dead. The police registered an offence under Section 302 IPC. The trial court convicted the appellant based on the testimony of PW5, medical evidence, and motive. The appellant appealed to the Bombay High Court. The High Court examined the evidence, particularly the testimony of PW5, who was a child witness. The court found that PW5's testimony was consistent, natural, and corroborated by medical evidence. The court also noted that the appellant had a motive due to frequent quarrels. The court dismissed the appeal and upheld the conviction and life sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eye-witness testimony of son - The appellant was convicted for murdering his wife by inflicting an axe blow on her head. The court upheld the conviction relying on the testimony of PW5 (son aged 8 years) who was an eye-witness, medical evidence confirming the cause of death as head injury, and motive arising from frequent quarrels. Held that the evidence of the child witness was reliable and corroborated by medical evidence (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC is sustainable based on the evidence of an eye-witness (son), medical evidence, and motive.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Motive
- Eye-witness Testimony
- Medical Evidence
- Dying Declaration
