Case Note & Summary
The appellant, Umesh Suresh Vale, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Gautam Chandramani. The incident occurred on 16 May 2010 at about 6:30 p.m. in Ambedkar Nagar, Muktainagar, Jalgaon. The deceased was standing near his aunt and other ladies when the appellant called him, caught him by the neck, and hit his head thrice against a wall. The deceased died due to head injuries. The prosecution examined eyewitnesses P.W.1 Nirmala Surwade, P.W.3 Lilabai Bodade, and P.W.4 Latabai Ingale, who testified to the assault. The medical evidence confirmed the cause of death as head injury. The trial court convicted the appellant and sentenced him to life imprisonment with a fine of Rs.500. The appellant appealed, challenging the conviction. The High Court, after reviewing the evidence, found the eyewitness accounts credible and consistent, and the medical evidence corroborative. The court held that the prosecution had proved the case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - The appellant was convicted for causing death of deceased by hitting his head against a wall. The court upheld the conviction relying on the testimony of eyewitnesses P.W.1, P.W.3, and P.W.4, corroborated by medical evidence showing fatal head injuries. Held that the prosecution proved the case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Sessions Judge, Jalgaon on 06.08.2011 in Sessions Case No.113/2010 are confirmed.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Medical evidence
- Intent to cause death
- Homicide
