Case Note & Summary
The appellant, Narayan Dada Bokhare, was convicted by the Additional Sessions Judge, Ahmednagar in Sessions Case No.192/2012 for the murder of his wife under Section 302 and 506 of the Indian Penal Code, 1860 and sentenced to life imprisonment. The case was based on circumstantial evidence: the appellant was last seen with the deceased, had a motive due to suspicion of her fidelity, and the murder weapon was recovered at his instance. The High Court, in appeal, examined the evidence and found that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court upheld the conviction and sentence, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Sections 302, 506 Indian Penal Code, 1860 - Appeal against conviction for murder of wife - Appellant last seen with deceased, motive of suspicion of fidelity, recovery of weapon at his instance - Held that chain of circumstances complete and points only to guilt of appellant - Conviction upheld (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 and 506 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 302 and 506 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- motive
- Section 302 IPC
- Section 506 IPC
- Indian Penal Code
- 1860
Case Details
2017 LawText (BOM) (03) 90
Criminal Appeal No.251 of 2013
Mr.S.B.Jadhav (Appointed) for appellant, Mr.D.R.Kale, APP for respondent
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Nature of Litigation
Criminal appeal against conviction for murder and criminal intimidation.
Remedy Sought
Appellant sought acquittal from conviction under Sections 302 and 506 IPC.
Filing Reason
Appellant challenged the judgment and order of conviction passed by the Additional Sessions Judge, Ahmednagar.
Previous Decisions
Trial court convicted appellant for offences under Sections 302 and 506 IPC and sentenced to life imprisonment.
Issues
Whether the conviction based on circumstantial evidence is sustainable.
Whether the chain of circumstances is complete and points only to the guilt of the appellant.
Submissions/Arguments
Appellant argued that the evidence is insufficient and circumstantial.
State argued that the chain of circumstances is complete and points to guilt.
Ratio Decidendi
In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused. Here, the last seen theory, motive, and recovery of weapon form a complete chain.
Judgment Excerpts
This Criminal Appeal is filed by the Appellant–accused, challenging the judgment and Order passed by the Additional Sessions Judge4, Ahmednagar on 29th November, 2012, in Sessions Case No.192/2012, thereby convicting the appellant for the offence punishable under Section 302 and 506 of the Indian Penal Code.
Procedural History
Trial court convicted appellant on 29.11.2012 in Sessions Case No.192/2012. Appellant filed Criminal Appeal No.251/2013 before the High Court. High Court reserved judgment on 15.02.2017 and pronounced on 08.03.2017.
Acts & Sections
- Indian Penal Code, 1860: 302, 506
