Case Note & Summary
The case pertains to the murder of Jamunabai Bhimrao Chavan, the mother-in-law of accused no.1 Shobha Trambak Chavan. The prosecution alleged that on the night of 21st/22nd June 2014, the three accused (Shobha, her son Nitin, and Motiram) murdered Jamunabai by assaulting her with a stick and a sickle. The motive was that the deceased had objected to the illicit relationship between accused no.1 and accused no.3. The trial court convicted all three under Section 302 read with Section 34 IPC and sentenced them to life imprisonment. The High Court, on appeal, examined the circumstantial evidence including motive, last seen evidence (PW-4 saw accused no.1 and no.3 with the deceased), recovery of the sickle at the instance of accused no.3, and the medical evidence. The court found that the chain of circumstances was complete and pointed only to the guilt of the accused. The appeals were dismissed and the conviction was upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Sections 302, 34 Indian Penal Code, 1860 - Appeal against conviction for murder of mother-in-law - Prosecution case based on motive, last seen, and recovery of weapon - Court held that the chain of circumstances was complete and consistent only with guilt of accused - Conviction upheld (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Both appeals are dismissed. The conviction and sentence of the appellants under Section 302 read with Section 34 IPC are upheld.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- recovery of weapon
- Section 302 IPC
- Section 34 IPC
- conviction upheld
Case Details
2018 LawText (BOM) (06) 174
Criminal Appeal No.177 of 2015 with Criminal Appeal No.331 of 2015
P.N.Deshmukh, M.G.Giratkar
Mr.N.A.Badar for Appellant in Cr.Appeal No.177/2015; Mr.Raj Wakode for Appellants in Cr.Appeal No.331/2015; Ms H.N.Jaipurkar, A.P.P. for Respondent/State
Motiram s/o. Maroti Makode (Criminal Appeal No.177/2015); Shobha Trambak Chavan and Nitin Trambak Chavan (Criminal Appeal No.331/2015)
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Nature of Litigation
Criminal appeals against conviction for murder
Remedy Sought
Appellants sought acquittal from conviction under Section 302 r/w 34 IPC
Filing Reason
Appellants were convicted by the trial court for murder of Jamunabai Chavan
Previous Decisions
Trial court convicted all three accused and sentenced them to life imprisonment
Issues
Whether the conviction based on circumstantial evidence is sustainable
Submissions/Arguments
Appellants argued that the evidence was insufficient and that the chain of circumstances was not complete
Prosecution argued that the motive, last seen, and recovery of weapon established guilt beyond reasonable doubt
Ratio Decidendi
In a case based on circumstantial evidence, the chain of circumstances must be complete and must point only to the guilt of the accused. Here, the motive, last seen evidence, and recovery of the weapon of offence formed a complete chain consistent only with the guilt of the appellants.
Judgment Excerpts
Both these appeals take exception to the impugned Judgment, dated 2nd March, 2015 passed by the learned Additional Sessions Judge2, Achalpur, by which the appellant in Criminal Appeal No.177 of 2015 being Original accused no.3 Motiram Maroti Makode and the appellants in Criminal Appeal No.331 of 2015 being Original accused no.1 Shobha Trambak Chavan and Original accused no.2 Nitin Trambak Chavan are convicted for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and are sentenced to suffer rigorous imprisonment for life each and to pay a fine of Rs.5,000/ each and in default of payment of fine, to suffer rigorous imprisonment for three months each.
Procedural History
The trial court convicted the appellants on 2nd March 2015. They appealed to the High Court. The High Court heard both appeals together and dismissed them on 13th June 2018.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
