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).
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.
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
