Case Note & Summary
The appeal arose from the conviction of the accused, aged 24 years, under Section 302 IPC and sentence of life imprisonment and fine by the trial court. The case related to the murder of Mahadev G. Deikar, whose body was found on 22-3-2001 in the bushes at Vagdongor, Ambaulim, with multiple injuries. There was no eye witness; the prosecution relied solely on circumstantial evidence, including motive, last seen, recovery of a blood-stained stone, clothes, and articles belonging to the accused. The trial court had discarded the dog tracking evidence as unreliable. The High Court examined the evidence on motive. The prosecution alleged that the accused held a grudge because the deceased had an illicit relationship with his mother. However, the witnesses gave inconsistent accounts of when this relationship occurred (19 years, 10 years, or 6 years before the incident), and the FIR lodged by the deceased's brother did not name or suspect the accused; instead, a cousin was initially suspected and arrested. The brother first mentioned the motive only in a supplementary statement after the accused's arrest. The Court found that the motive evidence was an afterthought, fabricated to implicate the accused, and there was no reliable corroboration. The judgment excerpt ends without a final decision, as the analysis of other circumstances was not completed in the provided text.
Headnote
A) Criminal Law - Murder - Motive - Indian Penal Code, 1860, Section 302 - The court found that evidence of motive was fabricated and unreliable as witnesses gave contradictory versions about the alleged illicit relationship and the time of the incident, and the FIR did not mention any suspicion against the accused; Held that the prosecution failed to prove motive (Paras 7-12).
Issue of Consideration
Whether the circumstantial evidence on record is sufficient to sustain the conviction under Section 302 IPC.
