Case Note & Summary
The present appeal challenges the judgment and order dated 18.12.2019 passed by the Additional Sessions Judge, Pune District in Sessions Case No. 823/2016, whereby the appellant Prakash Tukaram Bhosale was convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs. 5,000/-. The prosecution case, based on circumstantial evidence, was that on 26.05.2016 at about 10.30 p.m., the informant (mother of the deceased Suraj @ Bablu) received a call from the appellant on her son's mobile phone. Subsequently, the appellant and co-accused Subhash Kengar came to the deceased's house on a motorcycle and took him away at about 11 p.m. The next morning, the deceased's body was found in a nullah with injuries. The post-mortem revealed death due to head injury. The prosecution relied on the last seen theory, recovery of a knife at the instance of the appellant, and an extra-judicial confession made by the appellant to a panch witness. The trial court convicted the appellant, holding that the chain of circumstances was complete. The appellant contended that the evidence was insufficient and that the last seen theory was not reliable as the time gap was short. The High Court, after analyzing the evidence, held that the prosecution had established the circumstances beyond reasonable doubt, including the fact that the appellant and the deceased were last seen together, the recovery of the weapon, and the extra-judicial confession. The court found that the defence failed to provide any plausible explanation for the deceased's death. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Theory - Section 302 r/w 34 Indian Penal Code, 1860 - The appellant was convicted for murder based on circumstantial evidence including last seen together, recovery of weapon, and extra-judicial confession - The court held that the chain of circumstances was complete and inconsistent with the innocence of the appellant, and the defence failed to provide a plausible explanation - Appeal dismissed (Paras 1-30).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code, 1860 based on circumstantial evidence is sustainable.
Final Decision
Appeal dismissed. Conviction and sentence of life imprisonment under Section 302 r/w 34 IPC upheld.
Law Points
- Circumstantial evidence
- last seen theory
- Section 302 IPC
- Section 34 IPC
- chain of circumstances
- motive
- recovery of weapon
- extra-judicial confession
