Bombay High Court Upholds Husband's Conviction for Murdering Wife Due to Chastity Suspicion
Circumstantial evidence leads to life imprisonment for husband who attempted suicide following wife's murder
In a significant ruling, the Aurangabad Bench of the Bombay High Court has dismissed the appeal of Hariomdas Govinddas Bainade, upholding his conviction for the murder of his wife, Kalpana, and attempt to commit suicide. The judgment, delivered by Justices Nitin B. Suryawanshi and Sandipkumar C. More, comes in the wake of Bainade's challenge against his conviction under Sections 302 and 309 of the Indian Penal Code.
The case, which dates back to October 2017, involved Bainade's suspicion over his wife's chastity, leading to a fatal hammer blow to her head. Following the murder, Bainade attempted to cut his own throat using a marble cutting machine, resulting in injuries that corroborated his attempt to commit suicide. The prosecution's case relied heavily on circumstantial evidence, as the sole eyewitness, Bainade's daughter Netal, did not support the prosecution in court.
The High Court meticulously examined the evidence presented, including testimonies from the deceased's relatives and forensic analysis. The judgment highlighted the complete chain of circumstantial evidence that pointed to Bainade's guilt, establishing that the murder and subsequent suicide attempt occurred within the couple's residence. The court underscored the absence of any plausible explanation from Bainade regarding the injuries sustained by the deceased, thereby forming an additional link in the circumstantial evidence against him.
The defense argued against the use of Netal's statement recorded under Section 164 of the Code of Criminal Procedure as substantive evidence, emphasizing its limited role in corroboration or contradiction. However, the court found that the conviction was not based solely on this statement, but rather on a comprehensive assessment of all the evidence, including the presence of blood-stained items and the nature of the injuries.
In dismissing the appeal, the court reaffirmed the trial court's judgment, which sentenced Bainade to life imprisonment for murder and two months' rigorous imprisonment for the attempted suicide. The prosecution successfully demonstrated Bainade's motive driven by suspicion and jealousy, establishing the circumstances leading to the crime and the aftermath.
The judgment serves as a reminder of the judicial system's reliance on circumstantial evidence in the absence of direct eyewitness accounts, emphasizing the burden on the accused to provide plausible explanations in such scenarios. Bainade's failure to offer any satisfactory defense further solidified the court's decision to uphold his conviction.
Bottom Line:
Indian Penal Code - Conviction for offences under Sections 302 and 309 - Murder of wife by husband due to suspicion over her chastity - Circumstantial evidence - Complete chain of circumstances established by prosecution leading to the guilt of the accused.
Statutory provision(s): Indian Penal Code Sections 302, 309, Indian Evidence Act Section 106
