Case Note & Summary
The appellant, Vishal Ashok Kamble, was convicted by the Sessions Judge, Pune for the murder of one person under Section 302 read with Section 34 IPC and sentenced to life imprisonment. The prosecution case was based on circumstantial evidence including motive, last seen, and recovery of the weapon. The appellant challenged the conviction in the High Court. The court examined the evidence and found that the chain of circumstances was complete and the motive was established. The appeal was dismissed and the conviction was upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 read with Section 34 Indian Penal Code, 1860 - Conviction based on circumstantial evidence upheld where chain of circumstances is complete and motive is established - The court examined the evidence of last seen, recovery of weapon, and motive - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence upheld.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- chain of circumstances
- Section 302 IPC
- Section 34 IPC
Case Details
2025 LawText (BOM) (12) 104
Criminal Appeal No. 1568 of 2018
A. S. Gadkari, Ranjit Sinha Raj A Bhon Sale
Smt. Sonia S. Miskin, Smt. Madhavi H. Mhatre
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant seeks to challenge conviction and sentence
Filing Reason
Appellant convicted for murder under Section 302 read with Section 34 IPC
Previous Decisions
Sessions Judge, Pune convicted appellant on 3rd February 2014 in Sessions Case No. 475/2010
Issues
Whether the conviction based on circumstantial evidence is sustainable
Submissions/Arguments
Appellant argued that the evidence is insufficient
State argued that the chain of circumstances is complete
Ratio Decidendi
The court held that the circumstantial evidence, including motive and last seen, formed a complete chain pointing to the guilt of the appellant, and the conviction under Section 302 read with Section 34 IPC was sustainable.
Judgment Excerpts
By the present Appeal, the Appellant seeks to challenge the Judgment and Order dated 3rd February, 2014, passed by the learned Sessions Judge, Pune in Sessions Case No. 475/2010 whereby the Appellant has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo further rigorous imprisonment for six months.
Procedural History
The appellant was convicted by the Sessions Judge, Pune on 3rd February 2014. He filed an appeal in the High Court of Bombay. The appeal was reserved on 26th September 2025 and pronounced on 19th December 2025.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
- Arms Act: 25
- Bombay Police Act: 135
