Case Note & Summary
The appellant, Dr. Ajit Vishwanath Borade, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Usha alias Vrushali, by pouring kerosene on her and setting her on fire on 1 June 2007. The couple had a love marriage against the wishes of Usha's family, and the appellant had an extramarital affair with a colleague, Sangita Suryavanshi (original accused no.2). Usha discovered the affair, leading to quarrels. On 30 May 2007, Usha was at her brother's house in Vaijapur when the appellant called her back to Nashik. On 1 June 2007, at about 10:30 p.m., Usha sustained 100% burn injuries in the appellant's house. She was taken to the hospital, where she gave a dying declaration to the Executive Magistrate implicating the appellant. The trial court convicted the appellant under Section 302 IPC and acquitted him of other charges, while Sangita was acquitted of all charges. The appellant appealed against his conviction. The High Court examined the circumstantial evidence, including motive, last seen together, and the dying declaration. The court found that the chain of circumstances was complete and pointed only to the appellant's guilt. The dying declaration was voluntary, truthful, and corroborated by other evidence. The court dismissed the appeal, upholding the life sentence and fine.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence upheld where chain of circumstances was complete and consistent with guilt of accused - Motive, last seen together, and dying declaration were key circumstances - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-30). B) Evidence Law - Dying Declaration - Admissibility - Dying declaration of deceased recorded by Executive Magistrate was voluntary and truthful - No evidence of tutoring or influence - Held that dying declaration can be sole basis for conviction if found reliable (Paras 15-20). C) Criminal Law - Motive - Relevance - Motive established through love affair and prior quarrels - Held that motive, though not essential, strengthens circumstantial evidence (Paras 10-14).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are confirmed.
Law Points
- Circumstantial evidence
- motive
- dying declaration
- last seen together
- Section 302 IPC
- Section 498A IPC
- Section 34 IPC
- Section 120B IPC
