Case Note & Summary
The case involves the murder of Vijayatai Vitthalrao Pund, a 75-year-old woman, who was the mother of PW1 Sunil, a practicing lawyer. The incident occurred in Venus Park, Kanta Nagar, Amravati. The prosecution case was that accused no.1 Ajay Dayaram Gopnarayan and accused no.2 Nitin Nandkishor Gudadhe, who had worked as labourers during the construction of the house and later resided there, committed the murder and robbery. Accused no.1 had stayed in the house for about 1¼ months, 10 months prior to the incident, and was familiar with the premises. The deceased was found dead with injuries, and valuable items were missing. The trial court convicted both accused under Sections 302 and 392 IPC, sentencing accused no.1 to death and accused no.2 to life imprisonment. The High Court, in a confirmation case and appeal, examined the circumstantial evidence, including the last seen theory, motive, and recovery of stolen articles. The court found that the chain of circumstances was complete and pointed to the guilt of the accused. The death sentence of accused no.1 was confirmed, and the life imprisonment of accused no.2 was upheld.
Headnote
A) Criminal Law - Murder and Robbery - Sections 302, 392 IPC - Circumstantial Evidence - The case was based on circumstantial evidence including last seen theory, motive, and recovery of stolen articles - The court held that the chain of circumstances was complete and pointed to the guilt of the accused - The death sentence of accused no.1 was confirmed and the life imprisonment of accused no.2 was upheld (Paras 1-3).
Issue of Consideration
Whether the conviction and sentence of accused no.1 for murder and robbery under Sections 302 and 392 IPC, including the death sentence, and the conviction and life imprisonment of accused no.2 for the same offences, are sustainable based on circumstantial evidence.
Final Decision
The High Court confirmed the death sentence of accused no.1 Ajay Dayaram Gopnarayan and dismissed the appeal of both accused, upholding the conviction and sentence.
Law Points
- Murder
- Robbery
- Death Sentence
- Life Imprisonment
- Circumstantial Evidence
- Last Seen Theory
- Motive
- Recovery of Stolen Articles
