Case Note & Summary
The appeal arises from the conviction of the Appellant, a Navy officer, for the murder of a woman with whom he was involved in a love affair. The trial court found him guilty of murder under Section 302 of the Indian Penal Code, 1860, and for offences under the Indian Arms Act, 1959, sentencing him to life imprisonment and concurrent terms for the arms offences. The prosecution case was that the Appellant and the deceased developed a romantic relationship while she was traveling by train. The deceased was highly educated, holding an MBA and MCA, and worked at Tata Consultancy Services. The Appellant was married, and his wife's call to the deceased's brother revealed the affair. Despite the brother's refusal to consent to marriage, the couple continued their relationship. On 12 May 2007, they sought a room at Classic Residency hotel in Mumbai, and when none was available, they were directed to SunNSheel hotel, where they checked into Room No.202. They stayed there on 12 and 13 May. On the afternoon of 13 May, a hotel waiter served them lunch. After that, no one saw them. On 14 May 2007 at about 1.00 p.m., the hotel accountant, Anup Lal, received information that there was no response from the room. The housekeeping supervisor, Robin, opened the room with a spare key and found the woman's body rolled in the mattress, with blood all around. The police were informed, and an investigation commenced. During the spot inspection, a deformed live cartridge, a large knife, a purse, two bags containing men's and women's clothing, and documents linking the Appellant to the Navy were recovered. A white banian with 'SOUTHERN NAVAL COMMAND' printed on it and a timetable from INS Garuda were seized. Fingerprint experts found two chance prints on a glass and a plastic bottle. The hotel registration card indicated 'Navy', leading the investigators to focus on Navy personnel. The Appellant was detained from his Russian language class at INS Hansa, Goa, on 15 May 2007. His custody was handed over to Mumbai police on 17 May. That day, the clothes he allegedly wore during the incident were recovered from his room. On 20 May, he made a disclosure statement under Section 27 of the Evidence Act, leading to the recovery of a country-made gun, revolver, and cartridges concealed on the terrace of a building at INS Hansa on 21 May. On 26 May, he led the police to Babita Madhurkar, who identified the Appellant as the purchaser of the chopper found in the hotel room. He also led them to the Regulating Office, where a Nokia mobile phone and four telephone bills in the deceased's name were seized from Dattaprasad Gadgil. A broken SIM card was recovered from a drainage pipe. The Appellant was subjected to a Test Identification Parade on 30 May 2007, where some witnesses identified him. The recovered firearms and bullets were sent for forensic examination, and fingerprint comparison was conducted. After completing the investigation, a charge-sheet was filed. The trial court, upon committal, convicted the Appellant, leading to the present appeal.
Issue of Consideration
CRIMINAL APPEAL NO.454 OF 2014
