Case Note & Summary
The appellant, Appasaheb Sadashiv Khairnar, was convicted by the Additional Sessions Judge, Niphad, for the murder of his wife Sundarabai on 05.02.2005 by strangulation (Section 302 IPC) and for causing disappearance of evidence of that murder (Section 201 IPC). He was sentenced to life imprisonment for murder and three years rigorous imprisonment for the second offence, with fines. The appellant's father and mother, original accused nos. 2 and 3, were acquitted of all charges. The prosecution case was based on circumstantial evidence. On 04.02.2005, the appellant called his brother-in-law Deepak asking him to come with money, but later called again saying money was not needed and to come for disposing of the sister. Deepak informed his brother PW1 Ashok Shirsath, who went to Rasulpur and found Sundarabai dead with a blackish mark on her neck. He lodged a report at Niphad Police Station. The postmortem confirmed death due to strangulation. The appellant gave a false explanation that Sundarabai died due to a fall. The High Court, in appeal, examined the evidence and found that the chain of circumstances was complete: the appellant was last seen with the deceased, his conduct of making phone calls, his false explanation, and the medical evidence all pointed to his guilt. The court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - False Explanation - Sections 302, 201 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife by strangulation and causing disappearance of evidence. The prosecution relied on circumstantial evidence including the appellant being last seen with the deceased, his false explanation about the cause of death, and the medical evidence confirming strangulation. The High Court held that the chain of circumstances was complete and consistent only with the guilt of the appellant, and the conviction was upheld. (Paras 1-10) B) Criminal Law - Causing Disappearance of Evidence - Section 201 Indian Penal Code, 1860 - The appellant was also convicted for causing disappearance of evidence of murder by disposing of the body or other acts. The court found that the appellant's conduct after the murder, including giving false information and attempting to screen himself from punishment, established the offence under Section 201 IPC. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant for murder of his wife and causing disappearance of evidence based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Niphad, are confirmed.
Law Points
- Circumstantial evidence
- last seen theory
- false explanation
- murder by strangulation
- causing disappearance of evidence
- Section 302 IPC
- Section 201 IPC
