Case Note & Summary
The appellant, Sandip Sahadev Kamble, was convicted by the 6th Ad hoc Additional Sessions Judge, City Sessions Court, Sewree Mumbai on 25th June 2008 for the murder of Bhakti @ Chayya under Section 302 IPC and for house trespass under Section 452 IPC. The incident occurred on 2nd September 2004 at about 11:00 a.m. when the victim was in her room at BIT Chawl No.9, Mumbai Central. The appellant and co-accused No.1 entered the room; co-accused No.1 remained outside keeping watch while the appellant latched the door from outside and assaulted the victim with a knife, causing instantaneous death. The trial court convicted the appellant but acquitted co-accused No.1. The State did not appeal the acquittal. The appellant challenged his conviction on the grounds that the evidence was insufficient and that the prosecution failed to prove the case beyond reasonable doubt. The High Court examined the evidence, including the testimony of witnesses who saw the appellant entering the room with the co-accused and later fleeing. The court found that the circumstantial evidence, particularly the last seen evidence and the motive, formed a complete chain pointing to the appellant's guilt. The court held that the trial court's findings were correct and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Circumstantial Evidence - Conviction based on last seen evidence and motive - Appellant was last seen entering the victim's room with co-accused, and soon after the victim was found dead with multiple stab wounds - Held that the chain of circumstances was complete and pointed to the guilt of the appellant (Paras 1-19). B) Criminal Law - House Trespass - Section 452 Indian Penal Code, 1860 - Trespass with intent to commit offence - Appellant entered victim's room and committed murder - Held that the offence of house trespass was made out as the entry was with intent to assault (Paras 1-19).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 452 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 452 IPC upheld.
Law Points
- Murder
- House Trespass
- Common Intention
- Circumstantial Evidence
- Last Seen Theory
- Motive
