Case Note & Summary
The appellant, Rameshwar Shivram Bhende, was convicted by the Additional Sessions Judge, Yavatmal, for the murder of his sister-in-law, Vanmala, under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment. The prosecution case was that on 25th April 2016, the appellant came to the house of his brother (complainant) and quarreled with the deceased over a mattress. The appellant stabbed her with a knife. The complainant, Nandkishor, arrived home to find his wife in a pool of blood, and his daughter Gauri (PW3) told him that the appellant had killed her mother. The appellant was arrested, and a knife was recovered at his instance. The trial court convicted the appellant. In appeal, the appellant argued that the complainant did not witness the incident, and the sole eyewitness was a child who may have been tutored. The High Court examined the evidence of PW3, the minor daughter, and found her testimony to be natural, consistent, and reliable. The court noted that she had no reason to falsely implicate her uncle. The court also considered the medical evidence and recovery of the knife. The court held that the conviction was based on sound evidence and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on sole eyewitness testimony of minor daughter - The appellant was convicted for murder of his sister-in-law. The sole eyewitness was the deceased's daughter, aged about 10-12 years. The court held that her testimony was reliable and consistent, and minor contradictions did not affect her credibility. The appeal was dismissed. (Paras 1-10)
Issue of Consideration
Whether the conviction under Section 302 IPC based on the testimony of a minor eyewitness is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Conviction can be based on sole testimony of a child witness if found reliable
- Minor inconsistencies do not affect credibility of witness
- Section 302 IPC murder conviction upheld
