Case Note & Summary
The appellant, Sonu s/o Lula Atla, was convicted by the Sessions Judge, Gadchiroli for the murder of his wife, Shyamlata, under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs.5,000. The prosecution case was that the appellant, an alcoholic and unemployed, resided with his wife at her father's house. Due to constant quarrels, the father-in-law asked them to live separately. On the day of the incident, the appellant beat his wife with fists and kicks, then assaulted her with a stone on the head, and after she became unconscious, poured kerosene and set her on fire. Two eyewitnesses, Monabai Suleram Lakda (PW3) and Yashodabai Namdeo Kowachi (PW4), witnessed the incident. PW3 informed the deceased's father, Madhukar Naktuji Sojirwar (PW1), who took the deceased to the hospital where she was declared brought dead. The father, Daulu Gosavi Kowachi (PW2), lodged an FIR. The police investigated, prepared spot and inquest panchanamas, arrested the appellant, and filed a charge sheet. The trial court framed a charge under Section 302 IPC, and the appellant pleaded not guilty. The prosecution examined nine witnesses, including eyewitnesses, the medical officer (PW7), and the Naib Tahsildar (PW8) who recorded the dying declaration (Exh. 28). The appellant did not lead any defence evidence. The trial court convicted the appellant. On appeal, the High Court examined the evidence. The eyewitnesses (PW3 and PW4) consistently testified about the assault and burning. The dying declaration was recorded by PW8 after certification by the doctor that the deceased was conscious and fit to make the statement. The medical evidence (PW7) confirmed that the cause of death was shock due to burns, which were antemortem. The High Court found no reason to disbelieve the eyewitnesses or the dying declaration. The appellant's defence of alibi or false implication was not supported by any evidence. The court held that the prosecution proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony and dying declaration - Appellant convicted for killing his wife by beating, assaulting with stone, and setting her on fire - Two eyewitnesses (PW3 and PW4) testified to seeing the incident - Dying declaration (Exh. 28) recorded by PW8 (Naib Tahsildar) was found reliable - Medical evidence (PW7) confirmed burns as cause of death - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his wife is sustainable based on the evidence of eyewitnesses and the dying declaration.
Final Decision
The appeal is dismissed. The judgment of conviction and sentence passed by the Sessions Judge, Gadchiroli is confirmed.
Law Points
- Murder
- Circumstantial Evidence
- Dying Declaration
- Eyewitness Testimony
- Domestic Violence
- Section 302 IPC
