Case Note & Summary
The case pertains to the murder of Abel Pereira, who was in a live-in relationship with accused No.2 Baya Abel Pereira. Baya developed an illicit relationship with accused No.1 Dharmendra Munib Gupta, leading to quarrels. On the night of 18-19 July 2004, all three accused consumed liquor with the deceased near Baya's hut. Accused No.1 then took Abel towards the seashore, followed by Baya and her daughter Pinki (PW1). There, accused No.1 stabbed Abel multiple times with a knife, accused No.2 bit him, and accused No.3 held his legs. They gagged him with sand and threw him into the sea. The next morning, Abel's body was found, and his brother Anthony (PW2) lodged an FIR. The trial court convicted all three under Sections 302 and 201 read with 34 IPC, sentencing them to life imprisonment. On appeal, the Bombay High Court examined the circumstantial evidence, including motive, last seen together, recovery of the knife, extra-judicial confession by accused No.2, and the testimony of PW1. The court found the evidence sufficient and upheld the conviction, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Live-in relationship, illicit affair, and prior quarrels established motive for murder - Held that motive is a relevant circumstance in cases based on circumstantial evidence (Paras 1-3). B) Criminal Law - Murder - Last Seen Together - Deceased was last seen in the company of all three accused consuming liquor and going towards seashore - Testimony of PW1 (daughter) and PW2 (brother) established last seen - Held that last seen together is a strong circumstance (Paras 4-6). C) Criminal Law - Murder - Recovery of Weapon - Knife recovered at the instance of accused No.1 under Section 27 of the Indian Evidence Act, 1872 - Bloodstained knife matched with blood group of deceased - Held that recovery of weapon with bloodstains is a corroborative piece of evidence (Paras 7-9). D) Criminal Law - Murder - Extra-Judicial Confession - Accused No.2 made extra-judicial confession to PW3 (neighbour) - Held that extra-judicial confession, if voluntary and credible, can be relied upon (Paras 10-12). E) Criminal Law - Murder - Testimony of Child Witness - PW1, minor daughter of deceased and accused No.2, testified about the incident - Court found her testimony reliable and corroborated by other evidence - Held that conviction can be based on the testimony of a child witness if it inspires confidence (Paras 13-15).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 201 read with 34 IPC is sustainable based on circumstantial evidence and the testimony of the minor daughter (PW1).
Final Decision
The Bombay High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Sections 302 and 201 read with 34 IPC.
Law Points
- Circumstantial evidence
- motive
- last seen together
- recovery of weapon
- extra-judicial confession
- Section 302 IPC
- Section 201 IPC
- Section 34 IPC
