Case Note & Summary
The appellant, Baburao Baswant Putge, was convicted by the District Judge-1 and Additional Sessions Judge, Kalyan in Sessions Case No.251 of 2007 for the murder of his mother, Smt. Yallama Baswant Putge, under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs.1000/-. The prosecution case was that on 23 August 2007 at about 9:00 a.m., the appellant, fed up with harassment by his mother, assaulted her with a water electric motor pump on her head and face in the balcony of their residential premises, causing her death. The first information report was lodged by Smt. Rukmini Sargar (PW-1), who heard the deceased's shouts, rushed to the house, and saw the appellant sitting in the kitchen and the deceased lying in the balcony. When asked, the appellant replied that he assaulted his mother because she was harassing him. The appellant was arrested the same day. After investigation, a charge sheet was filed, and the case was committed to the Sessions Court under Section 209 of the Code of Criminal Procedure, 1973 (CrPC). The trial court framed a charge under Section 302 IPC, and after trial, convicted the appellant. The appellant appealed to the Bombay High Court. The High Court heard the learned counsel for the appellant and the learned APP, perused the record, and upheld the conviction, finding the extra-judicial confession credible and the evidence sufficient.
Headnote
A) Criminal Law - Murder - Matricide - Section 302 Indian Penal Code, 1860 - Extra-judicial confession - The appellant was convicted for murdering his mother by assaulting her with a water electric motor pump. The prosecution relied on the testimony of PW-1 who heard the deceased's shouts, saw the appellant sitting in the kitchen, and the deceased lying in the balcony. The appellant made an extra-judicial confession to PW-1 stating that he assaulted his mother because she was harassing him. The court held that the extra-judicial confession was voluntary and credible, and coupled with the medical evidence and circumstances, the conviction was sustainable. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of his mother is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC by the trial court are upheld.
Law Points
- Murder
- Matricide
- Extra-judicial confession
- Circumstantial evidence
- Section 302 IPC
- Section 209 CrPC
