Case Note & Summary
The appellant, Sitaram Dattu Shinde, was convicted by the Additional Sessions Judge, Sangli for the murder of his wife under Section 302 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The prosecution case was that on the night of 2nd and 3rd April 2000, the appellant killed his wife with an axe. The body was discovered the next morning by a neighbour. The axe was recovered at the instance of the appellant, and his clothes were stained with blood of group 'B', which matched the victim's blood group. An extra-judicial confession was also relied upon. The appellant's son deposed that his father was addicted to liquor and had quarrelled with the victim the previous night. The appellant challenged the conviction before the Bombay High Court. The High Court, after scrutinising the evidence, found that the trial court had considered all aspects and properly inferred guilt. The court held that the circumstantial evidence, including the extra-judicial confession and blood stains, was sufficient to sustain the conviction. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murdering his wife with an axe. The prosecution relied on extra-judicial confession, recovery of axe at appellant's instance, and blood stains on appellant's clothes matching victim's blood group. The High Court held that the trial court had properly considered all evidence and the conviction was justified. (Paras 1-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 based on circumstantial evidence including extra-judicial confession and blood stain evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence of life imprisonment under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- Extra-judicial confession
- Blood stain evidence
- Motive
- Section 302 IPC
