Case Note & Summary
The appellant, Rameshwar Makode, a police constable, was convicted under Section 302 IPC for the murder of Israil Khan by firing his service rifle. The incident occurred on 7/5/2012 when the appellant fired multiple bullets at the deceased, who was sitting on a platform. The prosecution relied on eyewitness testimony, recovery of the rifle, empty shells, and forensic evidence linking the appellant to the crime. The trial court convicted the appellant, and the High Court upheld the conviction, finding the evidence consistent and the chain of circumstances complete.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on circumstantial evidence - Appeal against conviction for murder by firing service rifle - Court examined the chain of circumstances including motive, last seen, recovery of weapon, and forensic evidence - Held that the prosecution had proved its case beyond reasonable doubt and the conviction was upheld (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Motive
- Last Seen Theory
- Recovery of Weapon
- Forensic Evidence
Case Details
2018 LawText (BOM) (06) 178
Criminal Appeal No.269 of 2017
P.N. Deshmukh, M.G. Giratkar
Shri R.M. Daga for appellant, Shri A.D. Sonak for respondent
Rameshwar s/o Keshavrao Makode
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC
Filing Reason
Appellant was convicted for murder by trial court
Previous Decisions
Trial court convicted appellant under Section 302 IPC and sentenced to life imprisonment
Issues
Whether the conviction under Section 302 IPC is sustainable on the basis of evidence
Submissions/Arguments
Appellant argued that the evidence was insufficient and that the prosecution failed to prove motive and last seen beyond reasonable doubt.
Respondent argued that the chain of circumstances was complete and the conviction was justified.
Ratio Decidendi
The court held that the prosecution had established a complete chain of circumstances including motive, last seen, recovery of the weapon, and forensic evidence, which conclusively pointed to the guilt of the appellant.
Judgment Excerpts
This appeal takes exception to the judgment dated 22/4/2017 passed by learned Additional Sessions Judge, Achalpur in Sessions Trial No.82/2012 vide which appellant came to be convicted for the offence punishable under Section 302 of Indian Penal Code.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Achalpur on 22/4/2017 in Sessions Trial No.82/2012. He appealed to the Bombay High Court, which dismissed the appeal on 11/6/2018.
Acts & Sections
- Indian Penal Code, 1860: 302
