Case Note & Summary
The appellant, Gautam Bhagwan Shinde, was convicted by the Additional Sessions Judge, Dhule, under Section 302 of the Indian Penal Code for the murder of his wife Surekha and sentenced to life imprisonment. The prosecution case was that on the night of 5th June 2012, the appellant assaulted Surekha after she refused his demand for repeated sexual intercourse, causing her death. The informant, Shantabai (mother of the deceased), heard shouts and saw the appellant beating Surekha. Surekha later succumbed to injuries. The trial court relied on the dying declaration of Surekha and other evidence to convict the appellant. On appeal, the High Court examined the evidence, including the dying declaration recorded by the Executive Magistrate, medical evidence, and testimony of witnesses. The court found that the dying declaration stated that the appellant beat Surekha and she fell from a cot, but did not indicate any intention to cause death. The medical evidence showed that the injuries were not sufficient in the ordinary course of nature to cause death, and the cause of death was head injury due to fall. The court noted inconsistencies between the ocular evidence and medical evidence, and held that the prosecution failed to prove homicidal death beyond reasonable doubt. The court concluded that the appellant had no intention to kill, but had knowledge that his act could cause death, and thus the offence fell under Section 304 Part II IPC. The conviction under Section 302 IPC was set aside, and the appellant was convicted under Section 304 Part II IPC and sentenced to the period already undergone (about 8 years). The appeal was partly allowed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction set aside - Death caused by accidental fall, not intentional act - Evidence showed deceased fell from cot while being assaulted, not pushed with intent to cause death - Held that offence falls under Section 304 Part II IPC (Paras 10-15). B) Criminal Law - Dying Declaration - Reliability - Dying declaration recorded by Executive Magistrate found reliable but did not prove intention to kill - Deceased stated she was beaten and fell from cot - Held that dying declaration can be relied upon but does not establish murder (Paras 8-9). C) Criminal Law - Circumstantial Evidence - Inconsistencies - Medical evidence inconsistent with ocular evidence - Injuries on deceased not sufficient to cause death in ordinary course - Death due to head injury from fall - Held that prosecution failed to prove homicidal death beyond reasonable doubt (Paras 11-13).
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 partly allowed. Conviction under Section 302 IPC set aside. Appellant convicted under Section 304 Part II IPC and sentenced to the period already undergone (about 8 years). Fine of Rs. 5000/- maintained.
Law Points
- Section 302 IPC
- Section 304 Part II IPC
- Section 323 IPC
- Section 498A IPC
- circumstantial evidence
- dying declaration
- medical evidence
- intention to cause death
- knowledge
- culpable homicide not amounting to murder
