Case Note & Summary
The appellant, Jagdish Kothu Gajbhiye, was convicted by the Sessions Judge, Bhandara, for the murder of his wife, Kantabai, under Section 302 of the Indian Penal Code and sentenced to life imprisonment. The prosecution case was that on 20 June 2012, at about 6:00 am, the appellant beat his wife with a stick and fists in the kitchen of their house, causing her death. The son, Atul, who was sleeping in an adjacent room, heard a clinking noise and saw his father beating his mother. He intervened and dragged his father to the courtyard. When he returned, his mother was unconscious and later died on the way to the hospital. The appellant was arrested from the house of the Police Patil. The trial court found the death homicidal and the appellant guilty. On appeal, the High Court examined the evidence, particularly the medical evidence which showed that the cause of death was asphyxia due to fracture of the hyoid bone, consistent with manual strangulation, but the prosecution case was that the appellant used a stick and fists. The eyewitness Atul did not see the appellant causing the fatal injury. The court found inconsistencies in the prosecution case and held that the prosecution failed to prove beyond reasonable doubt that the appellant intentionally caused the death. The court also noted that the appellant was 78 years old and there was no motive established. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - Inconsistencies in prosecution case regarding the cause of death and the role of the appellant - The medical evidence showed that the fatal injury was a fracture of the hyoid bone, which could be caused by manual strangulation, but the prosecution case was that the appellant beat his wife with a stick and fists - The eyewitness (son) did not see the appellant causing the fatal injury - Held that the prosecution failed to prove beyond reasonable doubt that the appellant caused the death of his wife intentionally (Paras 1-10).
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 in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 302 IPC. Fine, if paid, to be refunded.
Law Points
- Section 302 IPC
- Homicidal death
- Intentional killing
- Circumstantial evidence
- Inconsistencies in prosecution case
- Benefit of doubt
