High Court confirmed conviction of appellant in Murder Case Under Section 302 IPC - Dying declaration- Conviction confirmed

Nature of Litigation: Criminal appeal against conviction for murder under Section 302 IPC

Remedy Sought

Appellant seeking acquittal by challenging the trial court's conviction and sentence

Filing Reason

Alleged murder of Vasudev due to illicit relations with Appellant's wife, with the Appellant convicted based on witness testimonies and evidence

Previous Decisions

Trial court convicted the Appellant under Section 302 IPC and sentenced him to life imprisonment with fine, via Judgment and Order dated 31/3/2021 in Sessions Case No. 277/2017

Issues

Whether the prosecution proved the guilt of the Appellant beyond reasonable doubt under Section 302 IPC Whether the evidence on record, including witness testimonies and recovery, was sufficient to sustain the conviction

Submissions/Arguments

Appellant's counsel argued that evidence was insufficient, with inconsistencies in witness accounts and timing, disbelieved recovery of knife, unestablished motive due to non-examination of wife, and inconclusive chemical analysis State's counsel likely argued for upholding conviction based on prosecution evidence, but details not specified in provided text

Ratio Decidendi

The prosecution must prove guilt beyond reasonable doubt with consistent and reliable evidence; inconsistencies in witness testimonies, improper recovery procedures, and lack of conclusive forensic evidence can lead to acquittal even if motive is alleged

Judgment Excerpts

The Ld. Counsel has submitted that the trial court has disbelieved the recovery of knife as it was sent to the CA in an open condition and therefore there is nothing to connect the Appellant to the crime in question He has further submitted that PW 4, mentions about the enmity between the deceased and the Appellant regarding illicit relationship with the wife of the Appellant, however, the wife of the Appellant has not been examined and therefore the motive also cannot be said to be conclusively established The Ld. Counsel has further submitted that the Appellant has given a probable explanation with respect to the injuries which were found on his person and submitted that the Accused has not to prove his defence beyond reasonable doubt but on preponderance of probability

Procedural History

Offence registered on 14/1/2017 under Section 302 IPC -- Chargesheet filed before JMFC, Bhiwandi -- Case committed to Sessions Court -- Trial conducted with examination of prosecution witnesses -- Appellant convicted on 31/3/2021 -- Appeal filed in High Court on 2021 -- Reserved on 8th January 2026 -- Pronounced on 27th January 2026