Case Note & Summary
The appellant, Hiralal Sukhram Jawarkar, was convicted by the Additional Sessions Judge, Achalpur in Sessions Trial No. 50/2015 for the murder of his wife Ganga under Section 302 of the Indian Penal Code (IPC) and for causing hurt to his son Arun under Section 324 IPC. The prosecution case was that on 14 February 2015 at about 3 a.m., PW2 Manohar (Police Patil) was informed by Mangal Babu Jawarkar that the appellant had visited Mangal at 1 a.m. stating his wife was ill. Mangal accompanied the appellant to his house and found Ganga dead with blood oozing from her eyes and mouth. PW2 visited the spot at 4 a.m. and found the appellant near the dead body. On enquiry, the appellant stated that his wife was under the influence of liquor and quarreled with him, and he assaulted her with a wooden plank and plastic shoes. PW2 informed the police, and an FIR was registered. During investigation, spot panchanama was drawn, and articles including broken bangle pieces, teeth, wooden plank, plastic shoes, and blood-stained earth were seized. The dead body was sent for post-mortem, and the clothes and blood sample of the deceased were seized. PW3 Arun, son of the deceased and the appellant, had also sustained injuries and was medically examined. The appellant was charged under Sections 302 and 324 IPC. The trial court convicted him and sentenced him to life imprisonment for murder and one year rigorous imprisonment for causing hurt, with fines. The appellant appealed to the Bombay High Court. The High Court examined the evidence, including the extra-judicial confession to PW2, the medical evidence showing the cause of death as head injury, and the testimony of PW3 regarding the assault on him. The court found the evidence sufficient to uphold the conviction and dismissed the appeal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on extra-judicial confession and circumstantial evidence - The appellant was convicted for murdering his wife by assaulting her with a wooden plank and plastic shoes. The court held that the extra-judicial confession made by the appellant to the Police Patil (PW2) and the medical evidence establishing the cause of death as head injury were sufficient to sustain the conviction. (Paras 2-10) B) Criminal Law - Causing Hurt by Dangerous Weapons - Section 324 IPC - Injury to son - The appellant was also convicted for causing hurt to his son (PW3) with a wooden plank. The court held that the injury certificate and testimony of PW3 proved the offence under Section 324 IPC. (Paras 2-10) C) Evidence Law - Extra-judicial Confession - Admissibility - The court relied on the extra-judicial confession made by the appellant to PW2, which was corroborated by the discovery of the dead body and the appellant's presence at the spot. (Paras 2-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are confirmed.
Law Points
- Murder
- Section 302 IPC
- Section 324 IPC
- Causing hurt by dangerous weapons
- Circumstantial evidence
- Extra-judicial confession
- Medical evidence
- Dying declaration
- Motive
- Domestic violence
