Case Note & Summary
The appellant, Suresh Ashtankar, was convicted by the Additional Sessions Judge, Nagpur, for the murder of his wife Megha under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 21 June 2011, the appellant, under the influence of liquor, quarreled with his wife over money for liquor, poured kerosene on her, and set her ablaze. The couple's daughters, Sharyu (PW1) and Pranjali (PW3), witnessed the incident and testified against their father. Megha succumbed to her injuries on 3 July 2011. The appellant appealed against the conviction. The High Court, after hearing arguments and reviewing the evidence, found the testimony of the daughters credible and corroborated by medical evidence. The court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on testimony of daughters and medical evidence - The appellant was convicted for murdering his wife by pouring kerosene and setting her on fire. The daughters, who were eyewitnesses, testified consistently. The medical evidence corroborated the burn injuries. The court held that the prosecution proved its case beyond reasonable doubt and the conviction was proper (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable based on the evidence of the daughters and medical evidence.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Murder
- Circumstantial Evidence
- Testimony of Child Witness
- Dying Declaration
- Section 302 IPC
- Section 307 IPC
Case Details
2014 LawText (BOM) (10) 118
Criminal Appeal No.408 of 2012
B. R. Gavai, V. M. Deshpande
Mr.C.H.Jaltare (for Appellant), Mr.S.M.Uikey (APP for State), Mr.R.R.Vyas (for Respondent No.2)
Suresh s/o. Purushottam Ashtankar
The State of Maharashtra, Ku. Sharayu d/o. Suresh Ashtankar
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant was convicted for murdering his wife by pouring kerosene and setting her on fire
Previous Decisions
Trial court convicted appellant on 9.8.2012 in Sessions Trial No.457 of 2011
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of the daughters and medical evidence
Submissions/Arguments
Appellant argued that the evidence of the daughters is unreliable and there is no corroboration
State argued that the daughters are natural witnesses and their testimony is consistent and credible
Ratio Decidendi
The testimony of the daughters, who are natural witnesses, is credible and corroborated by medical evidence, establishing the guilt of the appellant beyond reasonable doubt.
Judgment Excerpts
The appellant is convicted by the learned Additional Sessions Judge4, Nagpur on 9.8.2012 in Sessions Trial No.457 of 2011 whereby the learned Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code for committing murder of his wife Megha
Procedural History
FIR registered on 21.6.2011 under Section 307 IPC; offence converted to Section 302 IPC after death of Megha on 3.7.2011; trial court convicted appellant on 9.8.2012; appeal filed in High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 307
