Case Note & Summary
The appellant, Tulshidas Shankar Mandwe, was convicted by the 1st Ad-hoc Additional Sessions Judge, Buldhana for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860, and sentenced to life imprisonment and fine of Rs.1,000/- for murder and rigorous imprisonment for two years and fine of Rs.500/- for causing disappearance of evidence. The appeal was directed against this conviction. The facts leading to the prosecution were that the appellant and the victim, Gayabai, were residing together away from their respective families. Due to some disputes, the appellant murdered Gayabai by hitting her with stones on the head and chest, and then buried her dead body to conceal the death. After some time, relatives of Gayabai made inquiries about her whereabouts. On 9.3.2003, the appellant made an extra-judicial confession before Madan Ingle, the Police Patil of village Dongarshevali, stating that he had murdered Gayabai and buried her dead body in the field. About nine days thereafter, a report was lodged with the police and the appellant was apprehended. During interrogation, the appellant agreed to show the spot where the dead body was buried, and a memorandum was made. The dead body was exhumed in the presence of an Executive Magistrate. The court considered the evidence and found the extra-judicial confession to be voluntary and credible, and the recovery of the dead body corroborated the confession. The court upheld the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Causing Disappearance of Evidence - Sections 302, 201 Indian Penal Code, 1860 - Extra-judicial confession - The appellant was convicted for murdering Gayabai by hitting her with stones and burying her dead body. The prosecution relied on extra-judicial confession made to Police Patil and recovery of dead body pursuant to appellant's statement. The court held that the extra-judicial confession was voluntary and credible, and the recovery of dead body corroborated the confession. The conviction was upheld. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code based on extra-judicial confession and recovery of dead body is sustainable.
Final Decision
Appeal dismissed. Conviction and sentences under Sections 302 and 201 IPC upheld.
Law Points
- Extra-judicial confession
- corroboration
- recovery of dead body
- Section 302 IPC
- Section 201 IPC
