Case Note & Summary
The appellant, Ramchandra Appa Kandhare, was convicted by the Additional Sessions Judge, Kalyan, for the murder of his 16-year-old daughter Pooja under Section 302 IPC and sentenced to life imprisonment. The prosecution case was based on circumstantial evidence. On 3rd February 2005, the appellant's wife Ranjana (PW4) left for work, leaving the appellant and Pooja at home. When she returned at 1:45 pm, she found Pooja lying on the floor and the appellant sitting on a cot. Pooja asked her to come home early. Ranjana left again and returned at 3:00 pm to find the house locked. She returned at 6:00 pm, broke open the lock with a neighbor's help, and found Pooja dead in a pool of blood with a head injury. The appellant was missing. The FIR was lodged, and the appellant was arrested. The trial court convicted him. On appeal, the High Court examined the circumstantial evidence: the appellant was last seen with the deceased, he had a motive (he was unhappy about Pooja's friendship with a boy), he fled after the incident, and he failed to explain Pooja's death. The court held that the chain of circumstances was complete and consistent only with the guilt of the appellant. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - The appellant was convicted under Section 302 IPC for the murder of his daughter. The prosecution relied on circumstantial evidence including the appellant being last seen with the deceased, motive, and failure to explain the death. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. (Paras 1-26) B) Evidence Act, 1872 - Section 106 - Burden of Proof - When the deceased was last seen in the company of the accused, the burden shifts to the accused to explain the circumstances of the death. The appellant failed to provide any explanation, which strengthened the prosecution case. (Paras 20-26)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- Section 302 IPC
- Section 106 Evidence Act
