Case Note & Summary
The appellant, Bhimsha Gurusidha Chendke, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his son, Shivputra, by the Additional Sessions Judge, Solapur, in Sessions Case No.210 of 2011. The incident occurred on 16th May 2011 at about 11:00 p.m. when the appellant and the deceased came to the house of PW2 Kasturbai quarreling. The appellant then assaulted Shivputra with an axe, inflicting blows on his back, left shoulder, and left leg, causing his death. The incident was witnessed by PW2 Kasturbai and PW3 Nagubai. The appellant was arrested the next day. The trial court convicted the appellant and sentenced him to life imprisonment and a fine of Rs.1,000/-. The appellant appealed to the Bombay High Court. The High Court examined the evidence, including the testimony of the eyewitnesses and the medical evidence. The court found the eyewitnesses credible and their testimony consistent with the medical evidence. The court also noted that the appellant had a motive as he was unhappy with his son for not giving him money. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Eyewitness Testimony - The appellant was convicted for murdering his son with an axe. The court upheld the conviction based on the credible testimony of two eyewitnesses (PW2 and PW3) who saw the appellant inflicting blows on the deceased. The medical evidence corroborated the injuries. The court found no reason to disbelieve the eyewitnesses despite minor inconsistencies. (Paras 1-15)
B) Criminal Law - Motive - Section 302 IPC - The prosecution established motive through evidence that the appellant was unhappy with his son for not giving him money. The court held that motive, though not essential, strengthens the prosecution case. (Paras 2-10)
C) Criminal Law - Sentence - Section 302 IPC - Life Imprisonment - The court confirmed the sentence of life imprisonment and fine of Rs.1,000/- imposed by the trial court, finding no mitigating circumstances to reduce the sentence. (Paras 15-16)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for the murder of his son is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment and fine of Rs.1,000/- imposed by the Additional Sessions Judge, Solapur, are confirmed.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Medical evidence
- Motive
- Life imprisonment
Case Details
2015 LawText (BOM) (04) 71
Criminal Appeal No.162 of 2014
Smt V.K. Tahilramani, Shri B.P. Colabawalla
Smt Nasreen S.K. Ayubi (for Appellant), Smt A.S. Pai (APP for Respondent)
Bhimsha Gurusidha Chendke
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
Appellant was convicted for murdering his son with an axe and sentenced to life imprisonment.
Previous Decisions
The Additional Sessions Judge, Solapur, convicted the appellant on 25th January 2012 in Sessions Case No.210 of 2011.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of eyewitnesses and medical evidence.
Whether the trial court correctly appreciated the evidence and applied the law.
Submissions/Arguments
Appellant argued that the eyewitnesses were not reliable and that the medical evidence did not support the prosecution case.
Respondent argued that the eyewitness testimony was credible and corroborated by medical evidence, and the motive was established.
Ratio Decidendi
The conviction under Section 302 IPC is sustainable when the testimony of eyewitnesses is credible, consistent, and corroborated by medical evidence, and the motive is established. Minor inconsistencies in eyewitness testimony do not discredit the prosecution case.
Judgment Excerpts
This Appeal is preferred by the Appellant – original Accused – Bhimsha Gurusidha Chendke against the judgment and order dated 25th January, 2012 passed by the Additional Sessions Judge – 3, Solapur, in Sessions Case No.210 of 2011.
The prosecution case as stated briefly is thus - The deceased – Shivputra was the son of the Appellant.
On the date of the incident viz. 16th May 2011, Shivputra visited the village Kalappawadi in order to attend the funeral of an old woman – Tippavvaa Parangote.
The Appellant then assaulted his son Shivputra by means of an axe and inflicted blows on the back, left shoulder and left leg.
This incident was eye-witnessed by PW 2 – Kasturbai and PW 3 – Nagubai.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Solapur, on 25th January 2012 in Sessions Case No.210 of 2011 for the offence punishable under Section 302 IPC and sentenced to life imprisonment and fine. The appellant filed Criminal Appeal No.162 of 2014 before the Bombay High Court against the said conviction and sentence. The appeal was reserved on 16th April 2015 and pronounced on 21st April 2015.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
