Case Note & Summary
The appellant, Krishna Maruti Lohar, was convicted by the Additional Sessions Judge, Pandharpur, for the murder of his wife Gangubai under Section 302 IPC and for attempting to murder Dattatraya and Sanjay under Section 307 IPC. The incident occurred in Village Salgar, District Solapur, where the appellant assaulted the deceased and the two injured persons with a sickle. The prosecution case was based on the testimony of eyewitnesses, including the injured persons themselves, and medical evidence. The appellant appealed against the conviction. The High Court examined the evidence and found that the eyewitnesses, Dattatraya (son of the deceased) and Sanjay (nephew), were natural witnesses whose presence at the scene was established. Their testimony was consistent and corroborated by the medical evidence showing the nature of injuries. The court also noted that there was a history of quarrels between the appellant and his wife over the appellant's demand for physical relations. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - The appellant was convicted for causing the death of his wife by assaulting her with a sickle. The court upheld the conviction relying on the consistent and credible testimony of eyewitnesses Dattatraya and Sanjay, who were injured in the same incident, and the medical evidence corroborating the injuries. (Paras 1-10) B) Criminal Law - Attempt to Murder - Section 307 IPC - Injuries caused to two persons - The appellant was also convicted for attempting to murder Dattatraya and Sanjay by causing them injuries with a sickle. The court found that the evidence of the injured witnesses was reliable and the medical evidence supported their version. (Paras 1-10) C) Evidence Law - Credibility of Witnesses - Injured witnesses - The testimony of injured witnesses Dattatraya and Sanjay was given great weight as they were natural witnesses and their presence at the scene was established. Their evidence was consistent and corroborated by medical reports. (Paras 5-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 (IPC) for the murder of his wife and attempt to murder two others is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Pandharpur, are confirmed.
Law Points
- Murder
- Attempt to murder
- Section 302 IPC
- Section 307 IPC
- Eyewitness testimony
- Medical evidence
- Motive
- Domestic violence
