Case Note & Summary
The appellant, Khorban @ Kurbal @ Dinesh @ Sardar Lalubhai Nayak, was convicted by the Additional Sessions Judge, Jamnagar, in Sessions Case No.13 of 2014 for the murder of his wife Kinjaliben under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on 25.09.2013, the appellant took his wife to a field under the pretext of cutting woods and tending cotton crops, and there he inflicted axe blows on her head, causing her death. The FIR was lodged by the deceased's mother, Manjaliben. The appellant had suspected that his wife was trying to harm him by administering medicines. The trial court convicted the appellant based on circumstantial evidence including motive, last seen evidence, recovery of the axe, and medical evidence. The appellant appealed against the conviction. The High Court examined the evidence and found that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court noted that the appellant had a motive, was last seen with the deceased, the axe was recovered at his instance, and the medical evidence confirmed homicidal death. The court upheld the conviction and sentence, finding no merit in the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on motive, last seen, recovery of weapon, and medical evidence - The appellant was convicted for murdering his wife by inflicting axe blows on her head. The High Court held that the chain of circumstances was complete and consistent only with the guilt of the accused, and the trial court's judgment did not warrant interference (Paras 1-17).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable in law.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld
Law Points
- Circumstantial evidence
- motive
- last seen theory
- recovery of weapon
- medical evidence
- Section 302 IPC
- conviction upheld
