Case Note & Summary
The appellant, Narendra Dhudaku Ishi, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Manisha, and sentenced to life imprisonment. The incident occurred on 27th November 2009 at Mayur Lodge in Dhule, where the couple had checked into Room No.10. The prosecution case was that around 6 PM, the lodge manager Sanjay Gaikwad (PW-10) heard a woman's shout from the room, but the appellant assured him nothing was wrong. Shortly after, the appellant left the room alone and hurriedly fled. Sanjay peeped into the room and saw Manisha lying in a pool of blood. He chased the appellant, who tried to escape by rickshaw but was apprehended with the help of others. The appellant was handed over to the police. The trial court convicted the appellant based on circumstantial evidence, including the last seen theory, the appellant's immediate flight, and recovery of blood-stained clothes. The appellant appealed, arguing that the evidence was insufficient and that the prosecution failed to prove the chain of circumstances. The High Court examined the evidence and found that the circumstances, particularly the appellant being last seen with the deceased, his unexplained flight, and the recovery of blood-stained clothes, formed a complete chain pointing to his guilt. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife in a lodge room. The prosecution relied on circumstantial evidence including the appellant being last seen with the deceased, his immediate flight from the scene, and recovery of blood-stained clothes. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant, upholding the conviction (Paras 1-19).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 for the murder of his wife is sustainable on the basis of circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- Section 302 IPC
- murder
- conviction upheld
