Case Note & Summary
The appellant, Samsher Abulesh Devang, was convicted by the Learned Sessions Judge, Nashik for the offence of murder punishable under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with a fine of Rs. 1000/-. The case was based on circumstantial evidence. The appellant was the husband of the deceased. The prosecution alleged that the appellant murdered his wife by strangulation. The circumstances relied upon by the prosecution included: (i) the deceased was last seen with the appellant; (ii) the appellant had a motive to kill his wife; (iii) the recovery of the weapon of offence at the instance of the appellant; (iv) the medical evidence corroborating the cause of death; and (v) a dying declaration made by the deceased implicating the appellant. The trial court found the chain of circumstances complete and convicted the appellant. The appellant appealed against the conviction. The High Court examined the evidence and held that the dying declaration was reliable and corroborated by other evidence. The court also found that the last seen theory, motive, and recovery of weapon formed a complete chain pointing to the guilt of the appellant. The court held that the trial court's findings were not perverse and upheld the conviction. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - The appellant was convicted for murder of his wife based on circumstantial evidence including last seen theory, motive, recovery of weapon, and medical evidence. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant, upholding the conviction. (Paras 1-51) B) Evidence Law - Dying Declaration - Section 32 Indian Evidence Act, 1872 - The deceased made a dying declaration implicating the appellant. The court held that the dying declaration was reliable and corroborated by other evidence, and could be used as a basis for conviction. (Paras 20-30) C) Criminal Procedure - Appeal Against Conviction - Scope of Appellate Court - The appellate court held that it would not interfere with findings of fact unless they are perverse or based on no evidence. The court found that the trial court's appreciation of evidence was proper and the conviction was justified. (Paras 40-45)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 for the murder of his wife based on circumstantial evidence is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- Section 302 IPC
- murder
- conviction upheld
- chain of circumstances
- motive
- recovery of weapon
- medical evidence
- dying declaration
- Section 32 Indian Evidence Act
- 1872
