Case Note & Summary
The appellant, Kamal Kishor @ Raju Surendrasingh Sudamasingh Yadav, was convicted by the Sessions Court, Gandhinagar, for offences under Sections 302, 307, 328, and 120B of the Indian Penal Code, 1860, and sentenced to life imprisonment. The case arose from an incident on 22.01.2012, where the appellant invited three friends to a party and served them dabelis (a snack) mixed with aconite poison. One friend, Mangalsinh Maiyadin Prajapati, died, while the other two, Manish Rathod and Pankaj Upadhyay, survived after medical treatment. The motive was that the appellant had sought their help to eliminate his sister's lover, Gaurang Prajapati, but they refused, leading to a grudge. The FIR was registered at Chandkheda Police Station. After investigation, the appellant was charge-sheeted and the case was committed to Sessions Court. The trial court convicted the appellant based on circumstantial evidence, including motive, last seen evidence, recovery of poison, and medical evidence. The appellant appealed under Section 374 of the Code of Criminal Procedure, 1973. The High Court examined the evidence and found that the chain of circumstances was complete and consistent with the guilt of the appellant. The court noted that the appellant had a clear motive, was last seen with the victims, and the poison was recovered at his instance. The medical evidence confirmed death due to aconite poisoning. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder by Poisoning - Circumstantial Evidence - Sections 302, 307, 328, 120B Indian Penal Code, 1860 - The appellant was convicted for murder of one person and attempt to murder two others by administering aconite poison in dabelis. The court upheld the conviction based on motive, last seen evidence, recovery of poison, and medical evidence, holding that the chain of circumstances was complete and consistent with guilt (Paras 1-18).
Issue of Consideration
Whether the conviction and sentence of life imprisonment under Sections 302, 307, 328, and 120B of the Indian Penal Code, 1860, based on circumstantial evidence, is sustainable.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Sections 302, 307, 328, and 120B of the Indian Penal Code, 1860.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- poisoning
- Section 302 IPC
- Section 307 IPC
- Section 328 IPC
- Section 120B IPC
- Section 313 CrPC
- Section 374 CrPC
