Case Note & Summary
The appellant, Deepak Bapurao Yedage, was convicted by the Sessions Judge, Pandharpur for the murder of Indubai and for causing injuries to Pradeep (PW-7) and Suman (PW-8) by entering their house with a Sura. The prosecution case was that on the date of incident, the appellant attacked Indubai with a Sura, causing her death, and also assaulted Pradeep and Suman when they intervened. The appellant was distantly related to the family. The motive was a prior quarrel over land. The dying declaration of Indubai, recorded by an Executive Magistrate, implicated the appellant. The appellant was also last seen with the deceased. The weapon of offence, a Sura, was recovered at his instance. The medical evidence confirmed the injuries. The appellant argued that the dying declaration was not reliable and that the evidence of interested witnesses should not be believed. The High Court, however, found the dying declaration to be voluntary and truthful, and the circumstantial evidence to be consistent with the guilt of the appellant. The court held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence under Sections 302, 324, and 452 IPC were upheld. The court directed that the sentences run concurrently.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence and dying declaration - Appellant caused death of Indubai by attacking her with a Sura - Dying declaration recorded by Executive Magistrate held reliable - Circumstances including motive, last seen, and recovery of weapon proved chain of events - Held that conviction under Section 302 IPC is sustainable (Paras 1-10). B) Criminal Law - House Trespass - Section 452 Indian Penal Code, 1860 - Appellant entered house of PW-7 and PW-8 and caused injuries with Sura - Evidence of injured witnesses and medical reports corroborated - Held that conviction under Section 452 IPC is proper (Paras 2-8). C) Criminal Law - Causing Hurt - Section 324 Indian Penal Code, 1860 - Appellant caused simple injuries to PW-7 and PW-8 with Sura - Medical evidence supported the injuries - Held that conviction under Section 324 IPC is correct (Paras 2-8).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 324, and 452 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302, 324, and 452 IPC upheld. Sentences to run concurrently.
Law Points
- Murder
- House Trespass
- Causing Hurt
- Common Intention
- Circumstantial Evidence
- Motive
- Last Seen Theory
- Dying Declaration
- Medical Evidence
