Case Note & Summary
The appellant, Shrimant Bapu Barde, was convicted by the Additional Sessions Judge, Solapur, for the murder of his 9-month-old son Balu under Section 302 IPC and sentenced to life imprisonment with a fine of Rs.200. The prosecution case was that the appellant, who had concealed his first marriage from his wife Shaila (PW-1), harassed her and ultimately killed their child. On 27.4.2008, after a quarrel, the appellant threw the child on the road and stamped on his neck, causing death. The High Court, in appeal, examined the evidence of PW-1 (the mother), PW-7 (the doctor who conducted the post-mortem), and other witnesses. The court found PW-1's testimony to be natural, consistent, and corroborated by medical evidence showing injuries consistent with stamping. The court rejected the appellant's argument that the evidence was insufficient, holding that the sole testimony of an eyewitness, if credible, can sustain a conviction. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on testimony of sole eyewitness (mother) and medical evidence - The appellant threw his 9-month-old son on the road and stamped on his neck, causing instantaneous death - The High Court upheld the conviction, finding the testimony of PW-1 (mother) credible, corroborated by medical evidence (PW-7 Dr. who conducted post-mortem) and other circumstances - Held that the prosecution proved the case beyond reasonable doubt (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 9-month-old son is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are confirmed.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Testimony of Sole Eyewitness
- Child Victim
- Cruelty
- Motive
- Medical Evidence
- Post-Mortem Report
- Inquest Panchanama
- Spot Panchanama
- Arrest
- Charge-Sheet
- Trial
- Conviction
- Appeal
- Life Imprisonment
- Fine
Case Details
2015 LawText (BOM) (06) 69
Criminal Appeal No. 131 of 2014
P. V. Hardas, A.S. Gadkari
Miss. Apeksha Vora (for Appellant), Mrs. Sangeeta D. Shinde (APP for State)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and sentence of life imprisonment.
Filing Reason
Appellant was convicted for murdering his 9-month-old son by throwing him on the road and stamping on his neck.
Previous Decisions
The Additional Sessions Judge, Solapur, convicted the appellant on 20th July 2013 in Sessions Case No.178 of 2008.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the testimony of the sole eyewitness (mother) and medical evidence.
Submissions/Arguments
Appellant argued that the evidence was insufficient and that the testimony of PW-1 was not credible.
State argued that the prosecution proved the case beyond reasonable doubt through the credible testimony of PW-1 and corroborating medical evidence.
Ratio Decidendi
The sole testimony of an eyewitness, if found credible and corroborated by medical evidence, is sufficient to sustain a conviction for murder under Section 302 IPC.
Judgment Excerpts
The appellant, original accused, has challenged the judgment and order dated 20th July 2013 passed by the learned Additional Sessions Judge-4, Solapur in Sessions Case No.178 of 2008 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs.200/-.
The appellant lifted Balu who was about 9 months old at the relevant time. When Shaila asked the appellant where he is taking the son, the appellant in turn replied that he would kill her son and threw the son Balu on road. As the child started crying, the appellant put his boot on the neck of her son. Her son died on the spot at about 10 p.m. on 27.4.2008.
Procedural History
The appellant was arrested on 28.4.2008. Charge-sheet was filed. The trial court convicted him on 20.7.2013. He appealed to the High Court on 20.1.2014. The High Court heard the appeal and delivered judgment on 9.6.2015.
Acts & Sections
- Indian Penal Code, 1860: 302
