Case Note & Summary
The appellant, Sayyed Sultan, was convicted by the Additional Sessions Judge, Hingoli, for the murder of his wife, Rizwanabee, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs. 500. The marriage had taken place 17 years prior to the incident, and the couple had two sons. The prosecution case was that the appellant suspected his wife of speaking on the phone with other men, leading to frequent quarrels and beatings. Three months before the incident, the complainant (the deceased's father) had given Rs. 10,000 to the appellant for house construction. Eight days before the incident, the deceased had gone to her parents' house due to loose motion. On 9 August 2010, the appellant, along with his father and nephew, went to the complainant's house. While the deceased was cooking, the appellant allegedly stabbed her in the abdomen with a knife. The complainant and others tried to intervene but were held back by the co-accused. The deceased was rushed to the hospital but was declared dead. The trial court convicted the appellant under Section 302 IPC, while acquitting the co-accused under Section 498A IPC. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of eye-witnesses (PW1 complainant, PW2 Shehedabee, PW3 Sayyad Javed) and medical evidence (PW5 Dr. Shinde). The court found the witnesses credible and their testimony consistent. The medical evidence confirmed that the death was due to stab injuries. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eye-witness testimony and medical evidence - The appellant was convicted for stabbing his wife to death on suspicion of infidelity. The court held that the testimony of eye-witnesses, including the complainant and other relatives, was consistent and corroborated by medical evidence. The appeal was dismissed, and the conviction was upheld. (Paras 1-12) B) Criminal Law - Dowry Death - Section 498A Indian Penal Code, 1860 - Acquittal of co-accused - The trial court acquitted the co-accused under Section 498A, and the state did not appeal. The High Court did not interfere with the acquittal. (Para 2)
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 the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence recorded by the Additional Sessions Judge, Hingoli in Sessions Case No.110 of 2010 are confirmed.
Law Points
- Murder
- Circumstantial Evidence
- Eye-Witness Testimony
- Medical Evidence
- Motive
- Section 302 IPC
- Section 498A IPC
