Case Note & Summary
The appellant, Umesh Jagnu Sarjare, was convicted under Section 302 of the Indian Penal Code for the murder of Bablu, a co-worker, and sentenced to life imprisonment. The prosecution case was that on the night of 3rd April 2006, a quarrel arose between the appellant and the deceased over cooking food, during which the appellant cut the deceased's throat with a knife and hit him with a stone. The next morning, the appellant confessed to his employer, PW-2 Nasir Khan, who then informed the police. The police arrested the appellant and recovered the knife and stone at his instance. The trial court convicted the appellant, and the High Court upheld the conviction, finding the extra-judicial confession credible and corroborated by medical evidence and recovery of weapons.
Headnote
A) Criminal Law - Murder - Extra-judicial confession - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder based on his extra-judicial confession to PW-2, the shop owner, and corroborating circumstantial evidence including recovery of the knife and stone at his instance. The court held that the extra-judicial confession was voluntary, credible, and corroborated by medical evidence and recovery, thus sustaining the conviction (Paras 1-24).
Issue of Consideration
Whether the conviction of the appellant for murder under Section 302 IPC based on extra-judicial confession and circumstantial evidence is sustainable.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Extra-judicial confession
- Circumstantial evidence
- Murder
- Section 302 IPC
- Credibility of witnesses
- Motive
- Recovery of weapon
Case Details
2015 LawText (BOM) (11) 18
Criminal Appeal No.1163 of 2008
Smt. V. K. Tahilramani, Dr. Shalini Phansalkar-Joshi
Ms. Rebecca Gonsalvez a/w Mr. Chetan Alai, for Appellant; Mr. A.S. Shitole, A.P.P., for the Respondent-State
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant challenged his conviction and life sentence for murder
Previous Decisions
Trial court convicted appellant on 29.3.2008 in Sessions Case No.342 of 2006
Issues
Whether the extra-judicial confession made by the appellant to PW-2 is voluntary and credible
Whether the circumstantial evidence, including recovery of weapons, is sufficient to sustain conviction
Submissions/Arguments
Appellant argued that the extra-judicial confession was not voluntary and was made under pressure
Prosecution argued that the confession was voluntary and corroborated by medical evidence and recovery
Ratio Decidendi
An extra-judicial confession, if voluntary and credible, can form the basis of conviction, especially when corroborated by other evidence such as recovery of weapons and medical reports.
Judgment Excerpts
The appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code... by this appeal, challenges his conviction and sentence.
P. W. 2 Nasir Khan is running Maharashtra Scrap Centre... On 4.4.2006 at about 6.45 a.m., the appellant came to his house and confessed to him that he has committed serious mistake.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Pune on 29.3.2008 in Sessions Case No.342 of 2006 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the Bombay High Court, which dismissed the appeal on 15.7.2015.
Acts & Sections
- Indian Penal Code, 1860: 302
