High Court Dismisses Appeal in Murder Case — Conviction for Life Imprisonment Upheld. The court found that the prosecution established a complete chain of circumstantial evidence, including an extra-judicial confession and recovery of the body, leading to the conviction under Section 302 IPC.

High Court: Bombay High Court Bench: NAGPUR
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Case Note & Summary

The case involved an appeal against the conviction of the appellant for the murder of his two-year-old son, Mayuresh, under Section 302 of the Indian Penal Code. The appellant was sentenced to life imprisonment and fined Rs. 5000 by the Additional Sessions Judge, Hinganghat. The prosecution alleged that the appellant had a strained relationship with his wife, Nutan, and suspected her character, leading to domestic violence. On January 8, 2016, the appellant took Mayuresh from Nutan's maternal uncle's house and did not return. The next day, Nutan received a call from the appellant claiming he had thrown Mayuresh into a well. The police later recovered Mayuresh's body from the well. The appellant's defense argued that the prosecution failed to establish a strained relationship and inconsistencies in witness testimonies. The prosecution countered that the evidence, including the appellant's extra-judicial confession and witness accounts, formed a complete chain of circumstantial evidence. The court analyzed the evidence, emphasizing the importance of motive and the reliability of circumstantial evidence. Ultimately, the court upheld the conviction, finding no reason to interfere with the lower court's judgment.

Headnote

A) Criminal Law - Murder - Conviction under Section 302 IPC - The appellant was convicted for murdering his son by throwing him into a well. The court found that the prosecution established a complete chain of circumstantial evidence pointing towards the guilt of the appellant, despite the first informant turning hostile. The evidence included the appellant's extra-judicial confession and the recovery of the body from the well (Paras 1-14).

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Issue of Consideration

Whether the prosecution established the guilt of the appellant beyond reasonable doubt based on circumstantial evidence.

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Final Decision

The High Court dismissed Criminal Appeal No. 775 of 2022, upholding the conviction and life sentence of the appellant for the murder of his son, and imposed a fine of Rs. 5000.

Law Points

  • Section 302 IPC
  • circumstantial evidence
  • extra-judicial confession
  • motive
  • strained relations
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Case Details

2026 LawText (BOM) (10) 160

Criminal Appeal No. 775 of 2022

2026-10-28

Shivkumar Dige, Rohit W. Joshi

Amol Dobade, S.S. Hulke

Rajkumar Prabhakarrao Yete

State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction for murder.

Remedy Sought

Appellant sought to overturn the conviction and sentence.

Filing Reason

Conviction for the murder of his son under Section 302 IPC.

Previous Decisions

The Additional Sessions Judge convicted the appellant and sentenced him to life imprisonment.

Issues

Whether the prosecution established the guilt of the appellant beyond reasonable doubt. Whether the evidence presented was sufficient to uphold the conviction.

Submissions/Arguments

The prosecution established a complete chain of circumstantial evidence against the appellant. The defense argued inconsistencies in witness testimonies and lack of motive.

Ratio Decidendi

The court emphasized that in cases based on circumstantial evidence, all circumstances must be firmly established and form a complete chain pointing towards the guilt of the accused.

Judgment Excerpts

The appellant was convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life. The prosecution case is based entirely on circumstantial evidence.

Procedural History

The appellant was convicted by the Additional Sessions Judge, Hinganghat, and sentenced to life imprisonment. The appeal was filed against this conviction.

Acts & Sections

  • Indian Penal Code: Section 302
  • Indian Evidence Act: Section 27
  • Code of Criminal Procedure: Section 154
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