Summary
A husband and another accused challenged convictions arising from the wife’s murder, asserting an unproved circumstantial chain and acquittal on conspiracy. The Court upheld findings that the robbery-by-strangers account was false and that recoveries, medical evidence and proved association completed the chain. Failure to establish conspiracy did not defeat murder liability based on proved common intention.
Issues
- Whether the circumstantial and medical evidence sustained the convictions.
- Whether acquittal under Section 120B IPC precluded conviction under Section 302 read with Section 34.
Held
- The evidence established association among the accused despite denial, recovery and identification of the deceased’s ornaments, recovery of weapons and rope, and medical consistency with strangulation. The alleged attack by unknown passengers and claimed injuries lacked corroboration. The concurrent assessment disclosed a complete chain pointing to guilt. (¶¶ 8, 10)
- Failure to prove criminal conspiracy under Section 120B did not undermine the distinct finding that the accused committed murder in furtherance of common intention. The Section 302/34 conviction remained sustainable on the evidence. (¶ 9)
Result
Both appeals dismissed; the convictions upheld. Shantanu Sitaram, who was on bail, directed to be taken into custody forthwith.