Case Note & Summary
The appellant, Shaukin Jaffer Sayed, was convicted by the II Additional Sessions Judge, Palghar, for the murder of his wife and child under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs.1,000/-. The prosecution alleged that the accused, his wife, and child had dinner together at a restaurant, after which the accused was last seen with them. The bodies were later discovered, and the accused was charged with murder. The High Court of Bombay, in its appellate jurisdiction, examined the circumstantial evidence, including the last seen theory and motive. The court found that the chain of circumstances was complete and pointed unequivocally to the guilt of the accused. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Appeal against conviction for murder of wife and child - Prosecution relied on last seen together and motive - Court held that the chain of circumstances was complete and pointed only to the guilt of the accused - Conviction upheld (Paras 1-2).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence upheld.
Law Points
- Murder
- Circumstantial Evidence
- Last Seen Together
- Motive
- Section 302 IPC
Case Details
2006 LawText (BOM) (12) 56
Criminal Appeal No. 526 of 2004
V.G. Palshikar, Smt. Nishita Mhatre
Mr. S.V. Kotwal for the appellant, Mr. V.B.K. Deshmukh, A.P.P. for the respondent
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant was convicted for murder of his wife and child
Previous Decisions
II Additional Sessions Judge, Palghar convicted the appellant and sentenced him to life imprisonment and fine of Rs.1,000/-
Issues
Whether the conviction under Section 302 IPC based on circumstantial evidence is sustainable
Submissions/Arguments
Appellant argued that the evidence was insufficient to prove guilt beyond reasonable doubt
Prosecution argued that the chain of circumstances was complete and pointed to the accused's guilt
Ratio Decidendi
The chain of circumstantial evidence, including last seen together and motive, was complete and pointed only to the guilt of the accused, warranting conviction under Section 302 IPC.
Judgment Excerpts
This appeal is preferred against the conviction and sentence of the accused under Section 302 of the Indian Penal Code.
The II Additional Sessions Judge, Palghar, while imposing the sentence of life imprisonment has also directed the accused to pay a fine of Rs.1,000/-.
Procedural History
The appellant was convicted by the II Additional Sessions Judge, Palghar, and sentenced to life imprisonment and fine. He appealed to the High Court of Bombay.
Acts & Sections
- Indian Penal Code, 1860: 302
