Case Note & Summary
The appeal arose from a conviction under Section 302 of the Indian Penal Code for the murder of the appellant's wife, sentenced to life imprisonment. The prosecution case, based on a complaint by the deceased's mother (PW1), alleged that on 31 March 2019, the appellant, addicted to liquor and suspicious of his wife's character, quarreled with her and later assaulted her with an axe while they slept outside their hut, resulting in her death. PW1 claimed to have witnessed the appellant fleeing the scene after hearing their children cry. The appellant was arrested from Karnataka, and after trial, the Additional Sessions Judge convicted him. The appellant challenged the conviction, arguing false implication due to delay in FIR registration, investigation conducted before FIR, examination of material witnesses, and reliable testimony from PW1, an interested witness with matrimonial disputes. The appellant also cited an alibi of being at work but alibi not proved, No explanation offered in his statement under Section 313 CrPC statement. The State defended the conviction, asserting PW1's reliability and that procedural aspects did not vitiate the case. The High Court analyzed the evidence, noting contradictions in PW1's testimony, her admission of not intervening during the quarrel, and the lack of corroboration. The court found the delay in FIR registration but not fatal and pre-FIR investigation problematic, creating opportunity for false implication ruled out. Considering the examination of witnesses and the interested nature of PW1's testimony, the court held the prosecution proved guilt beyond reasonable doubt. The conviction was sustained, and the appellant's appeal dismissed
Headnote
Criminal Law-- Indian Penal Code, 1860 -- Section 302-- Code of criminal Procedure, 1973 -- Section 313 -- Appeal against conviction-- Quarrel between appellant and his wife-- Suspicion on character of wife-- Deceased was found on her stomach on a plastic sheet with blood oozing from below her left ear-- Murder-- Conviction u/s 302 of IPC-- Appeal-- PW-1 complainant was a mother of deceased and mother in law of appellant/accused-- Even if the FIR is lodged after inquest panchnama done, the same would not be fatal to case of prosecution-- Even if panchnama was undertaken and the body was sent for post mortem before registration of FIR, there is no breach which should entail discarding of the entire case of prosecution-- No evidence as to maliciously roped in the appellant-- Case of Ravinder kumar & Anr (Supra) referred-- Cases referred-- Even a long delay can be condoned if the witness has no motive for falsely implicating the accused-- No motive of PW-1 to falsely implicate the appellant-- PW-1 had seen the appellant at the spot and who tried to run away when PW-1 tried to apprehend him-- PW-1 saw her daughter in a pool of blood having blooding injuries on the neck-- Absconding of appellant from the spot soon after incident-- Conduct of the appellant-- Lack of explanation of the appellant -- No defense evidence led by the appellant that he was at work at relevant point of time-- No material in support of plea of alibi-- Evidence of PW-1 inspired confidence-- Corroboration by PW-3-- Medical evidence in support of case of prosecution-- Axe recovered from scene of offence-- Justification in conviction-- Appeal Dismissed Para-- 24, 25, 26, 28, 31, 32, 43, 45
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Issue of Consideration: Whether the conviction of the appellant under Section 302 of the Indian Penal Code is sustainable based on the evidence on record, considering allegations of false implication, delay in FIR registration, and reliability of witness testimony.
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Final Decision
High Court allowed the appeal, set aside the conviction and sentence under Section 302 IPC, acquitted the appellant, and cancelled bail bonds.
