Case Note & Summary
The appellant, Kishor Jaising Sonwane, was convicted by the Additional Sessions Judge, Ahmednagar, for the murder of his 16-year-old daughter Minakshi and attempt to murder his son Rushikesh, under Sections 302 and 307 of the Indian Penal Code, as well as for an offence under Section 25 read with Section 4 of the Arms Act. He was sentenced to life imprisonment for murder, ten years rigorous imprisonment for attempt to murder, and two years rigorous imprisonment for the Arms Act offence, with fines and default sentences. The prosecution case, based on the FIR lodged by the appellant's wife Aruna (PW1), alleged that the appellant, a worker at Larsen and Toubro Company, attacked his children with a country-made pistol. The High Court, in this appeal under Section 374(2) of the Code of Criminal Procedure, examined the evidence of the eye-witnesses, including the injured son Rushikesh (PW2) and the wife Aruna, along with medical evidence. The court found the testimony of the eye-witnesses to be credible and corroborated by the medical reports. The court held that the prosecution had proved its case beyond reasonable doubt, and the conviction and sentences were upheld. The appeal was dismissed.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307 IPC - Conviction - Appeal against conviction - Appellant convicted for murder of his daughter and attempt to murder his son - Prosecution case based on eye-witnesses including wife and son - Medical evidence corroborating injuries - Held that conviction is sustainable as evidence of eye-witnesses is credible and corroborated by medical evidence (Paras 1-2). B) Criminal Law - Arms Act - Section 25 read with Section 4 - Possession of firearm - Appellant used a country-made pistol to commit offences - Conviction under Arms Act upheld as possession and use of firearm proved (Para 2).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 IPC and Section 25 read with Section 4 of the Arms Act is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences passed by the trial court.
Law Points
- Section 302 IPC
- Section 307 IPC
- Section 25 read with Section 4 Arms Act
- Section 374(2) CrPC
- Conviction based on eye-witness testimony
- Medical evidence corroborating ocular evidence
- Motive not essential when direct evidence available
