Case Note & Summary
The appellant, Nilesh @ Nilikrao Ukarda Jadhav, a police constable, was convicted by the Additional Sessions Judge, Akola, for offences punishable under Sections 302 and 201 of the Indian Penal Code (IPC) and sentenced to life imprisonment and rigorous imprisonment respectively, along with fines. He was acquitted of other offences including under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case arose from the discovery of an unknown female dead body in a nala near Kothari Watika No.8, Khadgi, Akola on 24.04.2010. The prosecution's case was based on circumstantial evidence, primarily the last seen theory, as the appellant was seen with the deceased shortly before her death. Motive was established through the appellant's alleged illicit relationship with the deceased and subsequent disputes. The appellant challenged the conviction in the Bombay High Court. The court, after examining the evidence, found that the chain of circumstances was complete and pointed unequivocally to the guilt of the appellant. The conviction under Sections 302 and 201 IPC was upheld, while the acquittal under other charges was confirmed. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Conviction under Section 302 IPC - The appellant was convicted for murder based on circumstantial evidence including last seen together with deceased, motive, and recovery of articles - Court held that the chain of circumstances was complete and pointed to the guilt of the accused - (Paras 1-10) B) Criminal Law - Causing Disappearance of Evidence - Section 201 IPC - Conviction upheld as appellant was found to have disposed of the dead body in a nala - (Paras 1-10) C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Acquittal - The appellant was acquitted of the offence under the Atrocities Act as the prosecution failed to prove that the victim belonged to a Scheduled Caste or Scheduled Tribe - (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 201 of the Indian Penal Code is sustainable based on circumstantial evidence and the last seen theory.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 302 and 201 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- Section 302 IPC
- Section 201 IPC
- Section 3(2)(v) SC/ST Act
- acquittal for other offences
