Case Note & Summary
The appellant, Shaikh Jabbar s/o Shaikh Sattar, was convicted by the Additional Sessions Judge, Beed, for the murder of his son, Shaikh Raju, under Section 302 of the Indian Penal Code, 1860 (IPC), and sentenced to life imprisonment with a fine of Rs. 1,000. The prosecution case began when Pathan Rahimkhan Sherkhan, a brick kiln owner, reported finding the deceased's body floating in a well near his kiln. The police initially registered an accidental death case under Section 174 of the Code of Criminal Procedure, 1973 (CrPC). However, upon recovering the body, it was found that the deceased's hands and legs were tied with a thin jute rope (sutali). The post-mortem examination revealed that the death was homicidal due to drowning and injuries. The investigation revealed that the appellant, the father of the deceased, had a motive as he suspected his wife of having an illicit relationship with the deceased (his son). The appellant was last seen with the deceased on the evening of the incident. The trial court convicted the appellant based on circumstantial evidence, including motive, last seen evidence, and recovery of clothes. The appellant appealed to the Bombay High Court, challenging the conviction. The High Court, after examining the evidence, held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court noted that the motive was strong, the last seen evidence was credible, and the recovery of clothes from the appellant's house was consistent with the crime. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Last Seen Together - The appellant was convicted under Section 302 IPC for the murder of his son, whose body was found in a well with hands and legs tied. The prosecution relied on motive, last seen evidence, and recovery of clothes. The High Court upheld the conviction, holding that the chain of circumstances was complete and pointed only to the guilt of the accused. (Paras 1-10) B) Criminal Procedure - Registration of Case - Section 174 CrPC - Initially registered as accidental death, later converted to murder after post-mortem revealed injuries. The court held that such conversion is permissible and does not vitiate the trial. (Paras 2-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his son is sustainable based on circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are upheld.
Law Points
- Circumstantial evidence
- motive
- last seen together
- Section 302 IPC
- Section 174 CrPC
- conviction based on circumstantial evidence
