Case Note & Summary
The appellant, Anil Jagannath Malve, was convicted under Section 302 of the Indian Penal Code for the murder of the deceased and sentenced to life imprisonment. The prosecution case was that on 9th March 1990, the accused, who had consumed liquor, demanded money from Sanjay Jadhav while he was playing carrom in the accused's game shop. When Sanjay refused, a quarrel ensued, and the accused bit Sanjay's right cheek. Sanjay's uncle, the deceased, separated them. Later, around midnight, the accused came to Sanjay's house, hurled abuses, and tried to kick open the door. The deceased came to pacify him. Sanjay and his mother opened the door, and Sanjay tried to catch the accused to take him to the police station. The accused jerked himself free and gave a knife blow on the chest of the deceased, who died. The accused fled. The trial court convicted the appellant. On appeal, the High Court examined the evidence of eyewitnesses, including Sanjay (PW1) and his mother (PW2), and the medical evidence. The court found the eyewitnesses credible and consistent, and the medical evidence confirmed the homicidal death. The court held that the accused's intention to cause death was clear from the fatal blow on the chest. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - The accused bit the right cheek of the victim's nephew and later, at midnight, came to the house and stabbed the deceased on the chest with a knife, causing his death - The court held that the evidence of eyewitnesses, including the injured witness and the mother, was credible and consistent, and the medical evidence corroborated the homicidal death - The accused's intention to cause death was inferred from the nature of the injury and the circumstances (Paras 2-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- intention to cause death
- homicidal death
- dying declaration
- oral evidence
- circumstantial evidence
