Case Note & Summary
The appellant, Sagar Shankar Kamble, was convicted by the Additional Sessions Judge, Wardha, for the murder of Babu @ Rajesh Ganesh Gupta under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs. 20,000. The incident occurred on 18-19 September 2020 when both the deceased and the appellant, who worked as labourers together, returned from Amravati. On the morning of 19 September, the deceased went to work and was attacked by the appellant with a knife. The mother of the deceased, Shanta Ganesh Gupta, witnessed the attack and raised an alarm. Other eyewitnesses, including Dheeraj Babusingh Thakur, Akash Bajrangsingh Thakur, and Rakesh Talwade, also saw the incident and attempted to intervene, but the appellant fled after throwing the knife into a stream. The police arrived, found the deceased dead, and registered a case based on the mother's complaint. The trial court convicted the appellant, leading to this appeal. The appellant argued that the eyewitnesses were not credible and that the medical evidence did not support the prosecution's case. The High Court examined the evidence, including the testimony of the eyewitnesses and the postmortem report, and found that the prosecution had established the guilt of the appellant beyond reasonable doubt. The court noted that the eyewitnesses were consistent and their testimony was corroborated by medical evidence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - Appeal against conviction for murder under Section 302 IPC - The appellant challenged his conviction and life sentence for murdering the deceased by stabbing. The court examined the credibility of eyewitnesses and medical evidence. Held that the prosecution proved its case beyond reasonable doubt through consistent eyewitness accounts and medical evidence corroborating the cause of death. The appeal was dismissed. (Paras 1-10)
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
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Wardha in Sessions Case No. 50/2021 are upheld.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Medical evidence
- Credibility of witnesses
- Circumstantial evidence
- Life imprisonment
