Case Note & Summary
The appellant, Maroti Anandrao Todase, was convicted by the Additional Sessions Judge, Kelapur for the murder of his cousin brother, Raju, under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 2000. The prosecution case was that the appellant disliked the deceased cultivating land belonging to their uncle Warlu, who had died issueless. On 23 December 2013, during a dinner gathering at the complainant's house, the appellant objected to utensils kept in the courtyard, kicked them, and then scuffled with the deceased. He stabbed the deceased in the abdomen with a knife, causing his death on the spot. The appellant was caught by a witness, P.W. 3 Vijay Kongare, and the knife fell from his hand. The appellant appealed against the conviction. The High Court considered the evidence of eyewitnesses, including the complainant and other villagers, and found the testimony consistent and credible. The court held that the motive of land dispute was established, and the incident was witnessed by multiple persons. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on direct evidence of eyewitnesses and motive - Appellant stabbed deceased in abdomen due to land dispute - Held that the prosecution proved its case beyond reasonable doubt and the appeal is dismissed (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his cousin is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence awarded by the Additional Sessions Judge, Kelapur are upheld.
Law Points
- Murder
- Section 302 IPC
- Life Imprisonment
- Motive
- Land Dispute
- Stabbing
- Dying Declaration
- Circumstantial Evidence
