Case Note & Summary
The appellant, Laxman Eknath Mohite, was convicted by the trial court under Section 302 of the Indian Penal Code, 1860 for the murder of his uncle Bhanudas Gangadhar Mohite, and sentenced to life imprisonment. He was also acquitted of the charge under Section 307 IPC for attempting to murder his father Eknath, as the father turned hostile. The prosecution case was that on the night of 14th May 2010, the accused, who had frequent quarrels with his father over a demand for separate residence, attacked his father and uncle with a stick. The father survived, but the uncle died. The key witnesses were family members: the father (PW7), uncle Rameshwar (PW4), and others. The father initially supported the prosecution but turned hostile during trial. The court relied on circumstantial evidence, particularly the testimony of PW4 Rameshwar who saw the accused running from the spot with a stick, and the medical evidence showing the deceased died of a head injury. The accused's defense was that he was falsely implicated due to a land dispute. The High Court upheld the conviction, finding that the chain of circumstances was complete and the motive was established. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Circumstantial Evidence - Last Seen - The appellant was convicted for murder of his uncle based on evidence that he was last seen with the deceased and had a motive due to family disputes. The court held that the chain of circumstances was complete and pointed to the guilt of the accused. (Paras 1-10) B) Evidence - Hostile Witness - Section 154 Indian Evidence Act, 1872 - The father of the accused turned hostile, but his testimony was still admissible and could be relied upon to the extent it supported the prosecution case. The court held that the hostile witness's statement regarding the accused's presence at the scene was corroborated by other evidence. (Paras 5-8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder of his uncle is sustainable on the basis of circumstantial evidence including last seen and motive.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Last seen evidence
- Motive
- Hostile witness
- Circumstantial evidence
