Bombay High Court Upholds Conviction for Murder of Wife by Husband in Domestic Dispute Over Money. Evidence of Son and Medical Reports Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The appellant, Rajkumar Yellappa Sarvade, was convicted by the Additional Sessions Judge, Solapur, for the murder of his wife, Rukhimini, under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 7th October 2006, the appellant demanded Rs.2000 from the deceased, which she refused. He then brought a sickle and inflicted multiple blows on her head, neck, chest, and right hand. The incident was witnessed by their 15-year-old son, PW3 Rahul, who immediately informed his uncle PW6 Baburao. The deceased was taken to the hospital where she succumbed to injuries. The appellant was convicted based on the testimony of PW3, the medical evidence of PW11 Dr. Deokar, and the dying declaration recorded by the doctor. The High Court, on appeal, examined the evidence and found that PW3's testimony was natural and credible, corroborated by medical evidence. The dying declaration was recorded by the doctor after certifying the deceased's fitness to make a statement. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.

Headnote

A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on testimony of son and medical evidence - Appellant convicted for murder of his wife by inflicting sickle blows - Son (PW3) witnessed the incident and testified - Medical evidence corroborated injuries - Dying declaration recorded by doctor - Held that the evidence of the son was reliable and the dying declaration was voluntary and truthful, confirming the guilt (Paras 2-18).

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Issue of Consideration

Whether the conviction of the appellant for murder under Section 302 IPC is sustainable based on the evidence of the son, medical reports, and the dying declaration of the deceased.

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Final Decision

Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.

Law Points

  • Murder
  • Circumstantial Evidence
  • Dying Declaration
  • Motive
  • Section 302 IPC
  • Section 32 Indian Evidence Act
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Case Details

2013 LawText (BOM) (04) 86

Criminal Appeal No.175 of 2008

2013-04-05

Smt. V.K. Tahilramani, Shri P.D. Kode

Ms. Ameeta Kutti Krushan, Mr. P.S. Hingorani

Rajkumar Yellappa Sarvade

The State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction for murder

Remedy Sought

Appellant sought acquittal from conviction under Section 302 IPC

Filing Reason

Appellant convicted for murder of his wife based on evidence of son and medical reports

Previous Decisions

Trial court convicted appellant on 30th November 2007 in S.C.No.88 of 2007

Issues

Whether the testimony of PW3 (son) is reliable and sufficient to convict the appellant Whether the dying declaration recorded by the doctor is admissible and trustworthy

Submissions/Arguments

Appellant argued that the evidence of PW3 was not reliable and the dying declaration was not properly recorded State argued that the evidence of PW3 was natural and corroborated by medical evidence, and the dying declaration was voluntary

Ratio Decidendi

The testimony of an eyewitness, especially a close relative, if found credible and corroborated by medical evidence, is sufficient to sustain a conviction for murder. A dying declaration recorded by a doctor after certifying fitness is admissible and can be relied upon.

Judgment Excerpts

The appellant-original accused in S.C.No.88 of 2007 assails the judgment and order dated 30th November, 2007 passed by the learned Additional Sessions Judge, Solapur, convicting him for committing the murder of his wife Sau. Rukhimini and sentencing him to suffer life imprisonment.

Procedural History

The appellant was convicted by the Additional Sessions Judge, Solapur on 30th November 2007 in Sessions Case No.88 of 2007. He appealed to the Bombay High Court, which dismissed the appeal on 5th April 2013.

Acts & Sections

  • Indian Penal Code, 1860: 302
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