Case Note & Summary
The appellant, Syed Sahil @ Krishnamurthy, was convicted by the Trial Court for the murder of his wife, Seema Thasleem, under Section 302 IPC. The couple had a love marriage after the appellant converted from Hinduism to Islam, and they had two children. The prosecution alleged that on 06.05.2015, the appellant, suspecting his wife's fidelity, assaulted her with a chopper causing her death. The Trial Court relied on the testimony of the deceased's siblings (PWs 1-3), the post-mortem report, recovery of the weapon based on the accused's disclosure statement, and other evidence to convict and sentence the appellant to life imprisonment and a fine. The appellant challenged the conviction, contending that the prosecution case was based on circumstantial evidence and interested witnesses, with no eyewitness, and inconsistencies in the testimonies. The appeal is pending before the High Court.
Issue of Consideration
Whether the Trial Court's conviction of the appellant under Section 302 IPC based on circumstantial evidence and testimony of interested witnesses is sustainable and whether the prosecution has proved the case beyond reasonable doubt.
Case Details
2022 LawText (KAR) (08) 27
CRIMINAL APPEAL NO.1079 OF 2017
K. Somashekar, Pradeep Singh Yerur
Priyanka S. Angadi for appellant, Vijayakumar Majage (Addl. SPP) for respondent
Syed Sahil @ Krishnamurthy
State by Shivamogga Rural Police Station
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC
Remedy Sought
Appellant seeks to set aside the conviction and sentence and acquittal
Filing Reason
The appellant challenges the Trial Court judgment on grounds that the prosecution evidence is insufficient and unreliable, conviction based on circumstantial evidence and interested witnesses, and no eye-witness
Previous Decisions
The III Addl. Sessions Judge, Shivamogga, in S.C.No.141/2015 dated 03.03.2016, convicted the appellant under Section 302 IPC and sentenced him to life imprisonment and fine of Rs.10,000/-
Issues
Whether the Trial Court rightly convicted the appellant under Section 302 IPC based on circumstantial evidence and testimony of interested witnesses
Whether the prosecution proved the guilt of the accused beyond reasonable doubt
Submissions/Arguments
Trial Court failed to appreciate the evidence properly, leading to miscarriage of justice
Prosecution evidence is insufficient and unacceptable to prove motive
Conviction based on testimony of interested witnesses (deceased's siblings) should be discarded
There is no eye-witness to the incident and other witnesses did not depose about the appellant's involvement
The evidence of PWs 1-3 is inconsistent and exaggerated, and the case rests entirely on circumstantial evidence
Prosecution failed to prove guilt beyond reasonable doubt
Judgment Excerpts
accused namely Syed Sahil @ Krishnamurthy fell in love with deceased Seema Thasleem and married her about 7 years prior to the incident by getting himself converted from Hinduism to Islam religion.
on 06.05.2015 at about 2.30 to 3.00 a.m. in the said rented house, it is stated that the accused Syed Sahil @ Krishnamurthy had committed the murder of his wife Seema Thasleema by assaulting on her head with a chopper.
PW-1 / Rehmatunnisa Begum in her cross-examination deposed that she did not know who murdered her sister Seema Thasleem.
Procedural History
On 06.05.2015, the alleged incident occurred. A complaint was filed, leading to registration of case in Cr.No.282/2015 for offence under Section 302 IPC. Investigation was conducted and charge-sheet filed in C.C.No.613/2015. The Committal Court committed the case to the Sessions Court under Section 209 CrPC. The III Addl. Sessions Judge, Shivamogga, tried the case in S.C.No.141/2015. Charges under Section 302 IPC were framed; accused pleaded not guilty. Prosecution examined PWs 1 to 11 and marked Exhibits P1 to P24 and MOs 1 to 6. Accused examined under Section 313 CrPC, denied evidence, and chose not to lead defence evidence. On 03.03.2016, the Trial Court convicted the accused and sentenced him to life imprisonment and fine of Rs.10,000/-. The appellant filed the present appeal under Section 374(2) CrPC before the High Court.
Acts & Sections
- Indian Penal Code, 1860 (IPC): Section 302
- Code of Criminal Procedure, 1973 (CrPC): Section 374(2), Section 209, Section 313
