Case Note & Summary
The appellant, Pravin Vilas Shelar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Sunita, and sentenced to life imprisonment. The prosecution case was that the appellant and Sunita had marital discord due to the appellant's alleged impotency, which Sunita used to taunt him about. On the night of 6 June 2008, while staying at the house of Sunita's father, PW1 Sambhaji, a quarrel erupted. PW1 heard Sunita accusing the appellant of impotency. When PW1 and his wife entered the bedroom, they saw the appellant inflicting a dagger blow on Sunita's chest. The appellant then fled. Sunita died on the spot. PW1 lodged an FIR, and the postmortem confirmed the cause of death as a stab wound. The trial court convicted the appellant. On appeal, the High Court examined the evidence, particularly the testimony of PW1, which it found credible and corroborated by medical evidence and the recovery of the dagger. The court held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on direct evidence of eyewitness and motive - The appellant, husband, inflicted a dagger blow on his wife's chest after a quarrel over his alleged impotency. The father of the deceased (PW1) witnessed the incident and lodged FIR. The court held that the testimony of PW1 was credible and corroborated by medical evidence and the recovery of the weapon. The appeal was dismissed and conviction upheld. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are confirmed.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Motive
- Impotency
- Dying Declaration
- Last Seen Theory
