Case Note & Summary
The case pertains to the murder of Ms. Catherine Hazell Campbell, a British national, by Mr. Duggan Adrian Kevin, also a British national, on 25.12.2003 at Mahindra Guest House, Vagator, Goa. The accused and deceased had checked into room no. 3 of the guest house. At around 4.30 a.m., P.w.3 Sheetal Govekar heard a lady screaming from the direction of the guest house. She alerted her son P.w.2 Datta Prasad Govekar and her husband P.w.1 Pandurang Govekar. The door of the room was latched from outside by P.w.2 to prevent escape. Police constables P.w.5 Sawant and P.w.7 Ibrampurkar arrived and saw the deceased lying in a pool of blood and the accused sitting on the cot. The police opened the door and arrested the accused. The accused was convicted under Section 302 IPC and sentenced to life imprisonment. The accused appealed, arguing that the evidence was insufficient and that an Italian had assaulted both. The court held that the circumstantial evidence, including the last seen theory, the screams, the locked room, and the false explanation by the accused, formed a complete chain pointing to the accused's guilt. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The accused was last seen with the deceased in a locked room from which screams were heard; the accused gave a false explanation of an Italian assailant, which was not supported by evidence - Held that the chain of circumstances was complete and pointed to the guilt of the accused (Paras 2-10). B) Evidence Act - Burden of Proof - Section 106 - When the accused was last seen with the deceased in a room, the burden shifted to the accused to explain how the deceased died - Held that the accused failed to discharge this burden (Paras 8-10). C) Criminal Procedure Code - Examination of Accused - Section 313 - The accused's statement under Section 313 CrPC that an Italian assaulted both was considered false and used as an additional link - Held that false explanation can be used as a circumstance against the accused (Paras 8-10).
Issue of Consideration
Whether the conviction of the accused under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the accused under Section 302 IPC to life imprisonment and fine of Rs.5,000/- are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- Section 302 IPC
- Section 313 CrPC
- false explanation
- Section 106 Evidence Act
