Case Note & Summary
The present criminal appeals arose from a common judgment and order dated 13th December 2021 passed by the Aurangabad Bench of the Bombay High Court in Confirmation Case No. 1 of 2019 and Criminal Appeal Nos. 808 and 810 of 2019. The High Court had confirmed the death penalty imposed upon Accused No. 1-Digambar and life imprisonment imposed upon Accused No. 2-Mohan for conviction under Section 302 of the Indian Penal Code, 1860 read with Section 34 IPC. The factual background involved Pooja, who was married to Jethiba Hashanna Varshewar on 10th June 2017 but had a love affair with Govind for five years. Accused Digambar was Pooja's brother. On 22nd July 2017, Pooja left her matrimonial home without informing anyone, leading her husband to lodge a missing report. Digambar, aware of the love affair, suspected Pooja might be with Govind and contacted him multiple times, but Govind denied her presence. The next day, Digambar along with co-accused Mohan went to Govind's sister's house where they found both Govind and Pooja. Digambar assured Pooja he would arrange her marriage to Govind, and they all left together on a motorcycle. Near Village Beltaroda, Digambar asked Pooja and Govind to wait while he visited his aunt's house to pick up a weapon. The core legal issue was whether the conviction and sentences were sustainable. The prosecution relied on circumstantial evidence, including the last seen theory and common intention under Section 34 IPC. The Supreme Court analyzed the evidence and found the chain of circumstances complete, establishing guilt beyond reasonable doubt. The court upheld the High Court's decision, confirming the death penalty for Digambar and life imprisonment for Mohan, finding no grounds for interference.
Headnote
A) Criminal Law - Murder - Conviction Under Section 302 IPC - Indian Penal Code, 1860, Sections 302, 34 - The appellants were convicted for murder of Pooja and Govind based on circumstantial evidence including last seen theory and common intention - The Supreme Court upheld the conviction finding the chain of circumstances complete and pointing to guilt - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-2). B) Criminal Law - Sentencing - Death Penalty and Life Imprisonment - Indian Penal Code, 1860, Section 302 - The High Court confirmed death penalty for Accused No. 1 and life imprisonment for Accused No. 2 - The Supreme Court examined the sentencing and found no reason to interfere - Held that the sentences were appropriate based on the gravity of the offense (Paras 1-2).
Issue of Consideration
Whether the conviction under Section 302 IPC read with Section 34 IPC and the sentences of death penalty and life imprisonment imposed by the High Court are sustainable
Final Decision
Supreme Court upheld the conviction and sentences, confirming death penalty for Accused No. 1 and life imprisonment for Accused No. 2
Law Points
- Section 302 IPC read with Section 34 IPC
- common intention
- circumstantial evidence
- last seen theory
- death penalty confirmation
- life imprisonment
