Case Note & Summary
The appellant, Shatrughna Madhav Meshram, a police constable, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kavita, and sentenced to life imprisonment. The incident occurred on 27 October 2011 at their residence in New MHADA Police Colony, Andheri, Mumbai. At about 11:50 p.m., PW-1 Police Constable Santosh Kute received a message about an injured lady and found Kavita lying near the staircase with profuse bleeding. PW-6 Vishakha, the couple's 12-year-old daughter, informed him that her father had assaulted her mother with a knife. The appellant was present and taken into custody. Kavita was declared dead on arrival at Cooper Hospital. The prosecution examined 15 witnesses, including the daughter (PW-6), who testified that she saw her father stab her mother multiple times. Medical evidence revealed 12 stab wounds, including injuries to vital organs. The appellant's clothes were seized and found to have blood stains. The defense argued that the daughter's testimony was tutored and that the appellant was falsely implicated. The trial court convicted the appellant, and the High Court upheld the conviction, finding the daughter's testimony credible and corroborated by medical evidence and the recovery of the weapon. The court held that the prosecution proved its case beyond reasonable doubt and that the sentence of life imprisonment was appropriate.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on direct testimony of daughter and medical evidence - The appellant, a police constable, was convicted for stabbing his wife to death. The court upheld the conviction relying on the testimony of the couple's minor daughter (PW-6) who witnessed the assault, the medical evidence confirming multiple stab wounds, and the recovery of the weapon. The court held that the prosecution proved its case beyond reasonable doubt and the sentence of life imprisonment was appropriate. (Paras 1-20) B) Evidence Law - Child Witness - Credibility - Testimony of minor daughter found reliable and corroborated - The court held that the testimony of the 12-year-old daughter was natural, consistent, and corroborated by medical evidence and other circumstances. There was no reason to disbelieve her. (Paras 10-15) C) Criminal Law - Motive - Section 302 IPC - Motive of suspicion and domestic discord - The prosecution established that the appellant suspected his wife of infidelity and there were frequent quarrels. The court held that motive, though not essential, was proved and supported the case. (Paras 6-8)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Domestic violence
- Dying declaration
- Circumstantial evidence
- Credibility of child witness
- Motive
- Last seen theory
