Case Note & Summary
The appellant, Bhimrao Bankar, was convicted by the Additional Sessions Judge, Nagpur for the murder of his brother-in-law, Atul, under Section 302 IPC, kidnapping under Section 364 IPC, and causing disappearance of evidence under Section 201 IPC. The prosecution case was that the appellant, who was married to the complainant's daughter Rani, had a history of ill-treating his wife. On 17 February 2013, the appellant called the complainant Mahananda (PW1) and requested her to send her son Atul to Zullar Phata, claiming he would take him to Umrer to get medicine from a Baba to cure his drinking habit. Atul went with the appellant. Later that night, Atul spoke to his mother from Umrer, but after that, both Atul and the appellant's phones were unreachable. The next morning, Atul's dead body was found in a field, and the appellant's motorcycle was found abandoned near a river. The appellant was arrested and charged. The trial court convicted him based on circumstantial evidence, including the last seen theory, motive (previous disputes with the family), and the appellant's failure to explain the disappearance of Atul. The appellant appealed to the Bombay High Court. The High Court examined the evidence and found that the chain of circumstances was complete. The court noted that the appellant was the last person seen with the deceased, and he did not provide any explanation for what happened. The court also considered the medical evidence and the recovery of the motorcycle. The High Court upheld the conviction, holding that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Conviction under Section 302 IPC - The appellant was convicted for murder of his brother-in-law based on circumstantial evidence, primarily the last seen theory. The deceased was last seen with the appellant, and the appellant failed to explain the disappearance. The court held that the chain of circumstances was complete and pointed to the guilt of the appellant. (Paras 1-20) B) Criminal Law - Kidnapping - Section 364 IPC - Kidnapping with Intent to Murder - The appellant was convicted for kidnapping the deceased with intent to murder. The evidence showed that the appellant took the deceased on a false pretext and later the deceased was found dead. The court upheld the conviction. (Paras 1-20) C) Criminal Law - Causing Disappearance of Evidence - Section 201 IPC - The appellant was convicted for causing disappearance of evidence of the murder. The court found that the appellant had disposed of the body and the motorcycle to screen himself from punishment. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 364, and 201 of the Indian Penal Code based on circumstantial evidence and the last seen theory is sustainable.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentences imposed by the trial court.
Law Points
- Circumstantial evidence
- last seen theory
- presumption under Section 106 Evidence Act
- conviction for murder
- kidnapping
- causing disappearance of evidence
