Case Note & Summary
The appellant, Mohd. Yasin Chutan Shaikh, was convicted by the III Additional Sessions Judge, Thane, for the murder of Sheetal Kamtekar under Section 302 IPC and sentenced to life imprisonment. The prosecution case was that on the night intervening 8th and 9th November 2007, the appellant and the deceased checked into a lodge in Vajreshwari. The appellant strangulated the deceased with an odhani and then attempted to hang himself, sustaining head injuries. The lodge staff heard commotion and informed police, who broke open the door, found the deceased dead and the appellant injured and intoxicated. The appellant allegedly confessed to the crime. The trial court convicted him. On appeal, the High Court examined the circumstantial evidence, including the last seen theory, extra-judicial confession, and medical evidence. The court found that the chain of circumstances was complete and consistent only with the guilt of the appellant. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of Sheetal Kamtekar by strangulation with odhani. The prosecution relied on circumstantial evidence including last seen together, extra-judicial confession, and medical evidence. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. (Paras 1-10) B) Criminal Procedure - Set Off - Section 428 Code of Criminal Procedure, 1973 - The appellant was granted benefit of set off for the period of detention undergone during investigation and trial. (Para 1)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 for murder based on circumstantial evidence and extra-judicial confession is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Circumstantial evidence
- Extra-judicial confession
- Last seen theory
- Section 302 IPC
- Section 309 IPC
- Section 428 CrPC
