Case Note & Summary
The appellant, Vishwas Nanasaheb Nimbalkar, was convicted by the Additional Sessions Judge, Gadhinglaj, for the murder of his brother Shamrao on 13th July 1999 between 9.00 and 10.00 p.m. The prosecution alleged that the appellant assaulted the deceased with a sickle on his head, back, and shoulder, causing his death. The appellant was arrested on 14th July 1999 and charged under Section 302 of the Indian Penal Code. The prosecution examined twelve witnesses, including PW6 Ratnabai, the sister of both the appellant and the deceased. She deposed that there was a property dispute between the brothers, and on the night of the incident, the appellant came home and stated that he had killed Shamrao. She and the appellant's wife cried out, but the appellant locked the door and left. The appellant's sons later went to the farmhouse of the deceased. The court considered the evidence of extra-judicial confession and motive. The court found the testimony of PW6 credible, as she was a natural witness and her account was consistent. The medical evidence corroborated the injuries. The court held that the extra-judicial confession was voluntary and reliable, and the motive of property dispute was established. Consequently, the court dismissed the appeal and upheld the conviction and life sentence.
Headnote
A) Criminal Law - Murder - Extra-judicial confession - Motive - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his brother based on the testimony of his sister (PW6) who deposed that the appellant confessed to the killing and that there was a property dispute motive. The court held that the extra-judicial confession was voluntary and credible, and the motive was established, thus confirming the conviction (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murdering his brother is sustainable based on the evidence of extra-judicial confession and motive.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are confirmed.
Law Points
- Extra-judicial confession
- motive
- credibility of related witness
- circumstantial evidence
- Section 302 IPC
