24 June 2025 Conviction >> Criminal Law  

The appeal of Vijay Kishan Dhillod (the appellant/accused) against his conviction for murder under Section 302 of the Indian Penal Code, for which he was sentenced to rigorous imprisonment for life and a fine of Rs. 5,000/-. The conviction was recorded by the Sessions Judge, Jalna, in Sessions Case No. 47/2022 on December 5, 2022.

The prosecution's case hinges on the testimony of Jyoti Vijay Dhillod (PW-1), the appellant's wife, and their 10-year-old son, Yash (PW-2), who was an eyewitness. Jyoti had been living separately with her mother, Sakhubai Kale (the deceased), due to the appellant's abuse and suspicions about her chastity. The appellant frequently visited Jalna, insisting that Jyoti and their children return with him.

On the night of November 22, 2021, Yash witnessed the appellant assault his grandmother, Sakhubai, with a piece of tile, a wooden plank, and a knife, resulting in her death. Yash then met his mother, Jyoti, and recounted the incident. Jyoti subsequently lodged a police report.

The defense argued that the trial court did not properly appreciate the evidence, that the charge was not properly framed, and that the CCTV footage was erroneously relied upon. They contended that Jyoti was not an eyewitness, and Yash's testimony was unreliable due to his age and potential for tutoring. They also raised doubts about the recovery of the tile and the admissibility of the electronic evidence, noting the absence of blood on the accused's clothes.

However, the prosecution maintained that the guilt was established beyond reasonable doubt, relying heavily on Yash's consistent and natural testimony, which was corroborated by other evidence. Medical evidence confirmed Sakhubai's homicidal death due to head injuries consistent with the weapons described by Yash.

The court found Yash's testimony reliable, noting his denial of tutoring and the naturalness of his presence at the scene. The recovery of the blood-stained tile at the appellant's instance was considered significant, indicating his special knowledge of its hiding place. While the admissibility of the CCTV footage was debated, the court held that even without it, sufficient evidence existed for conviction. Crucially, the Chemical Analyzer's report confirmed human blood on the knife and tile, and the deceased's blood group 'B' on the wooden log, directly linking these items to the crime and corroborating Yash's account.

The court dismissed the defense's argument for reducing the charge to culpable homicide not amounting to murder (Section 304 Part II IPC), emphasizing the multiple weapon assault and the appellant carrying a knife, indicating premeditation rather than a spontaneous act from a quarrel. The established strained relations between the appellant and his wife, and his persistent insistence for her return, provided a clear motive for the crime.

Ultimately, the appeal was dismissed, affirming the trial court's judgment and conviction of the appellant for murder under Section 302 IPC.

Section 302., Indian Penal Code - 1860  

Section 304., Indian Penal Code - 1860  

Indian Penal Code, 1860