Case Note & Summary
The appellant, Ashok Hanumanta Kajeri, was convicted by the Sessions Court for the murder of his father, Hanumanta, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The incident occurred on 13 February 2007 at about 6:35 p.m. near O.N.G.C. building and Hello Communication Center in Mukund Nagar, Dharavi, Mumbai. The appellant assaulted his father with a knife in front of eyewitnesses, including police officers PW-1 ASI Mohite and PW-6 Police Constable Nangare, who were on patrolling duty. They saw the appellant giving blows with a knife. The deceased was taken to the hospital where he succumbed to his injuries. The motive for the crime was the appellant's grudge against his father for abandoning him when he was one year old. The appellant's mother had left the father's house with the appellant when he was an infant. The trial court convicted the appellant based on the eyewitness testimony and medical evidence. The appellant appealed to the High Court challenging the conviction. The High Court examined the evidence, including the testimony of the eyewitnesses and the medical officer, and found that the prosecution had proved its case beyond reasonable doubt. The court noted that the eyewitnesses were independent and credible, and their testimony was corroborated by the medical evidence. The court also considered the motive and found it established. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction and Sentence - Appeal against conviction for murder of father - Appellant assaulted deceased father with knife in public place - Eyewitnesses (police officers) testified to seeing the assault - Medical evidence corroborated cause of death due to stab injuries - Motive established as grudge over abandonment - Held that prosecution proved case beyond reasonable doubt, conviction upheld (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 father is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 of the Indian Penal Code are confirmed.
Law Points
- Murder
- Section 302 IPC
- Life Imprisonment
- Eyewitness Testimony
- Medical Evidence
- Motive
- Abandonment Grudge
