Case Note & Summary
The appellant, Rameshwar Dinaji Dhawde, was convicted by the Sessions Judge, Gondia, for the murder of his mother, Motabai, under Section 302 IPC and for attempting to commit suicide under Section 309 IPC. The prosecution case was that the appellant, an alcoholic, demanded money from his mother for liquor, and when she refused, he attacked her with a sickle and an axe, causing her death. After the act, he attempted suicide out of repentance. The appellant's extra-judicial confession to his cousin (PW1), the Police Patil (PW2), and the President of the Tanta Mukti Samiti (PW3) was the primary evidence. The High Court, in appeal, examined the evidence and found the extra-judicial confession to be voluntary, credible, and corroborated by the circumstances, including the injuries on the appellant and the blood-stained weapons. The court held that the prosecution had proved the case beyond reasonable doubt. Regarding the attempt to commit suicide, the court noted that it was an independent offence and did not mitigate the murder conviction. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on extra-judicial confession and circumstantial evidence - Appellant killed his mother by inflicting injuries with sickle and axe due to refusal to give money for liquor - Extra-judicial confession made to PW1, PW2, and PW3 was voluntary and reliable - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-3). B) Criminal Law - Attempt to Commit Suicide - Section 309 Indian Penal Code, 1860 - Appellant attempted suicide after committing murder out of repentance - Conviction under Section 309 IPC upheld - Held that the act of attempting suicide is an independent offence and does not mitigate the murder charge (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 309 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Sessions Judge, Gondia in Sessions Trial No.41/2012 dated 6.4.2013 are upheld.
Law Points
- Murder
- Attempt to commit suicide
- Section 302 IPC
- Section 309 IPC
- Extra-judicial confession
- Motive
- Circumstantial evidence
- Repentance not a defence
