Case Note & Summary
The appellant, Bajirao @ Baburao Maraskolhe, was convicted by the Sessions Judge, Chandrapur in Sessions Trial No.47 of 2009 for offences under Section 302 (murder) and Section 450 (house trespass) of the Indian Penal Code. He was sentenced to life imprisonment and fine for murder, and seven years rigorous imprisonment for house trespass. The case arose from the death of Laxmibai, an elderly widow living alone, who was killed by an axe blow to her head. The prosecution alleged that the appellant, angered over compensation for crop damage, inquired from Pattu about the compensation, then went home, took an axe, entered Laxmibai's house, and killed her. The complainant, Ghansham (PW1), heard cries and saw the appellant near the gate with an axe. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of PW1, PW2 (Archana), and PW3 (Madhuri), who saw the appellant near the scene. The court also considered the recovery of the axe at the appellant's instance and the motive regarding compensation. The court held that the circumstantial evidence, particularly the last seen theory and recovery of the weapon, formed a complete chain pointing to the appellant's guilt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Conviction under Section 302 IPC - The appellant was convicted for murder of an elderly woman by axe attack. The prosecution relied on last seen evidence, recovery of axe, and motive. The High Court held that the chain of circumstances was complete and consistent with guilt, and the trial court's findings were based on proper appreciation of evidence. (Paras 1-20) B) Criminal Law - House Trespass - Section 450 IPC - The appellant entered the deceased's house with an axe and committed murder. The court upheld conviction under Section 450 IPC as the entry was with intent to commit murder. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 450 of the Indian Penal Code based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 450 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- recovery of weapon
- motive
- Section 302 IPC
- Section 450 IPC
