Case Note & Summary
The appellant, Rajesh Rajaram Jadi, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Durgayya, a fellow servant, by the Adhoc Additional Sessions Judge, Bombay, in Sessions Case No.772 of 2008. The incident occurred on the night of 1-2 September 2008 at Hamilton Court building, Santacruz, Mumbai. The appellant and the deceased both worked as servants in the building. The prosecution case relied primarily on the testimony of PW2 Shiva, a night watchman, who heard noise from the backside of the building at about 3-3:30 am on 2 September 2008. He went to investigate and saw the appellant holding a piece of tile and the deceased lying near the pump room in a pool of blood. When asked, the appellant stated that he had killed Durgayya and then said he was going to the police. PW2 Shiva took the appellant to the police station and lodged an FIR (Exhibit 14). The appellant was arrested, and his blood-stained clothes were seized. The defence was one of total denial and false implication. The trial court convicted the appellant, leading to the present appeal. The High Court, after hearing arguments, found that the evidence of PW2 Shiva was credible and trustworthy. The court noted that PW2 knew both the appellant and the deceased, had no enmity with the appellant, and his testimony was consistent with the FIR and the extra-judicial confession. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence of life imprisonment and fine of Rs.500.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Eyewitness Testimony - Conviction based on testimony of sole eyewitness PW2 Shiva who saw appellant holding a tile and deceased lying in pool of blood - Appellant made extra-judicial confession to PW2 that he killed deceased - Court held that the evidence of PW2 is credible and trustworthy, and the extra-judicial confession is voluntary and reliable - Appeal dismissed (Paras 4-7).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of IPC based on the testimony of PW2 Shiva and the extra-judicial confession is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC by the Adhoc Additional Sessions Judge, Bombay, in Sessions Case No.772 of 2008 is confirmed.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Extra-judicial confession
- Circumstantial evidence
- Credibility of witness
