Bombay High Court Upholds Husband’s Murder Conviction for Stabbing Wife; Relies on Child Eyewitness, Consistent Oral Dying Declarations and Corroborated Extra-Judicial Confession Despite Forensic Gaps
Bombay High Court Rejects Murder Appeal; Holds Consistent Oral Dying Declarations and Child Witness Proved Husband Stabbed Wife
Facts
The appellant, Abdul Shakur Walesab Nadaf, challenged his conviction under Section 302 IPC by the Sessions Judge, Mangaon, in Sessions Case No. 46 of 2016. The Trial Court had sentenced him to life imprisonment, imposed a fine of ₹50,000, and directed ₹40,000 to be paid to the sons of the deceased.
The prosecution alleged that on 4 May 2016, the appellant stabbed his wife, Mehjabin Abdul Shakur Nadaf. Her brother was informed at about 6:30 a.m. that she had been stabbed and was sitting injured on a staircase. When he reached the spot, he found her severely injured and bleeding. She was first taken to Mangaon Rural Hospital and thereafter referred to Sir J.J. Hospital, Mumbai.
An FIR was initially registered under Section 307 IPC. The appellant was arrested the same day. Mehjabin succumbed to her injuries on 5 May 2016, following which the case was converted into one under Section 302 IPC.
The prosecution examined seven witnesses, including the deceased’s brother, the landlord before whom the appellant allegedly made an extra-judicial confession, the deceased’s cousin, the couple’s minor son who witnessed the assault, the panch witness, investigating officer and post-mortem doctor.
Appellant’s Arguments
The appellant principally argued that the prosecution had failed to prove his guilt beyond reasonable doubt.
He challenged the reliability of the minor son, PW-4, and pointed to alleged inconsistencies about whether the appellant and deceased were residing together.
He further attacked PW-2’s evidence regarding the alleged extra-judicial confession, contending that it lacked corroboration.
The defence also emphasised forensic deficiencies: there were no fingerprints linking the appellant to the knife, there was allegedly inadequate forensic linkage between the weapon and injuries, and the deceased’s blood group could not be conclusively determined.
The appellant also challenged the oral dying declarations, arguing that considering the deceased’s extremely serious injuries—including abdominal injuries and ruptured intestine—it was improbable that she could coherently narrate the incident.
State’s Arguments
The prosecution contended that the appellant’s presence at the scene stood established not only from PW-4’s testimony but also from his own answers under Section 313 CrPC.
The State submitted that the FSL report did refer to the knife and that blood detected on it matched the appellant’s blood group.
It further relied upon the deceased’s consistent oral dying declarations to PW-1, PW-2 and PW-3 and argued that they independently supported the conviction.
Court’s Analysis
1. Child Eyewitness — PW-4
PW-4 was the son of the appellant and deceased and was studying in the second standard.
He categorically stated that his father inflicted knife blows on his mother’s stomach and back. Importantly, this central part of his evidence remained substantially unchallenged in cross-examination.
The Trial Court had first tested whether the child understood the meaning of an oath before recording his testimony.
The High Court found his testimony truthful, trustworthy and free from tutoring. The medical evidence showing injuries to the stomach and back materially corroborated his account.
The appellant’s own Section 313 answer also admitted that he, his wife and their children were present together in the house at the relevant time.
The Court distinguished Arbind Singh v. State of Bihar, where the child witness showed signs of possible tutoring and lacked reliable corroboration. Here, the Court found neither infirmity.
2. Oral Dying Declarations
The deceased made oral statements concerning the attack to three witnesses.
PW-1, her brother, stated that while she was being transported to Mumbai, she told him that a quarrel had occurred between her and the appellant and that the appellant thereafter assaulted her with a knife.
PW-2 similarly testified that the deceased stated that following a quarrel, her husband inflicted knife blows upon her.
PW-3, the deceased’s cousin, stated that the deceased came to her bleeding and specifically said that her husband had assaulted her with a knife on the stomach, back and other parts of her body.
The Court found all three witnesses consistent on the material particulars.
It held that the declarations were clear, coherent, voluntary and consistent in naming the appellant.
The Court further noted PW-3’s evidence that the deceased continued speaking until they reached the hospital, thereby rejecting the argument that her injuries necessarily rendered her incapable of making the declarations.
The Court reiterated that a truthful and voluntary dying declaration can itself form the basis of conviction and that corroboration is a rule of prudence rather than an inflexible legal requirement.
3. Extra-Judicial Confession
PW-2 testified that he met the appellant at the ST Bus Depot shortly after the incident. The appellant was accompanied by his sons and had blood on himself and his clothes.
According to PW-2, the appellant referred to the quarrel with his wife and made an incriminating statement before saying that he was proceeding to the police station.
The High Court recognised that an extra-judicial confession is ordinarily a weak form of evidence and must be approached cautiously.
However, it found the confession in this case voluntary, natural, truthful and corroborated by the other prosecution evidence.
Significantly, during his Section 313 examination, the appellant himself admitted that he had met PW-2 at the ST stand with his two sons and also admitted that blood was found on his person and clothes.
The Court held that the principles from Sahadevan v. State of Tamil Nadu, relied upon by the appellant, actually supported the prosecution because the confession satisfied the safeguards laid down therein.
4. Motive
The prosecution evidence demonstrated a longstanding marital dispute and quarrels between the appellant and deceased immediately preceding the attack.
PW-1, PW-2 and PW-3 consistently spoke about disputes between the couple.
The Court held that motive had been established beyond reasonable doubt.
5. Medical Evidence
The post-mortem doctor recorded numerous injuries, including stab wounds to the chest and inguinal region, injuries to the head, wrist, thigh and back, as well as a fractured rib and internal injuries.
The doctor stated that the stab injuries were possible with the knife produced before the Court and that the other injuries were compatible with hard or pointed objects.
Medical evidence therefore materially supported the eyewitness account.
6. Bloodstained Clothes and Knife
Human blood of Group A, corresponding to the appellant’s blood group, was found on several exhibits including the knife and clothing.
The Court criticised the delay in forensic examination, which resulted in the deceased’s sample becoming haemolysed and unsuitable for blood grouping.
Nevertheless, it held that this deficiency was not fatal.
The Court specifically held that conviction was not resting solely on the blood evidence. Rather, it was merely corroborative of much stronger substantive evidence—the child eyewitness, multiple oral dying declarations and extra-judicial confession.
The Court stressed that this was not a purely circumstantial-evidence case where every link in an inferential chain had independently to be established. Direct ocular testimony was available.
7. Failure to Determine Deceased’s Blood Group
The defence relied strongly on the prosecution’s inability to establish the deceased’s blood group.
The High Court rejected this as a basis for acquittal.
It referred to Supreme Court authorities including Prabhu Dayal v. State of Rajasthan, Balwan Singh v. State of Chhattisgarh, R. Shaji v. State of Kerala, Gura Singh v. State of Rajasthan, and State of Rajasthan v. Teja Ram, dealing with situations where deterioration or disintegration prevents conclusive serological identification.
The Court held that forensic uncertainty does not automatically create reasonable doubt where otherwise credible evidence convincingly proves the crime.
In the present case, even leaving the inconclusive blood-group evidence aside, the eyewitness, dying declarations and confession independently established the appellant’s involvement.
Precedent Analysis
The Court considered several authorities relied upon by the defence but found them factually distinguishable.
Arbind Singh v. State of Bihar concerned concerns regarding tutoring of a child witness. Here, PW-4’s evidence was independently corroborated and displayed no signs of tutoring.
Sahadevan v. State of Tamil Nadu laid down safeguards governing extra-judicial confessions. The Court found those safeguards satisfied.
Bhanmati v. State of Haryana involved a conviction resting substantially upon recovery of a weapon. The High Court distinguished it because the present prosecution case contained substantial direct evidence, including the child eyewitness and oral dying declarations.
On dying declarations, the Court relied upon Bhajju @ Karan Singh v. State of Madhya Pradesh and Irfan @ Naka v. State of Uttar Pradesh, reiterating that a voluntary and reliable dying declaration can form the basis of conviction.
Section 313 CrPC Admissions
An important aspect of the judgment was the use of the appellant’s own answers under Section 313 CrPC.
The Court referred to Section 313(4), which expressly permits the accused’s answers to be taken into consideration.
It relied upon Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan for the proposition that insofar as an accused’s Section 313 statement supports the prosecution, it can be used against him.
The appellant’s affirmative answers regarding his presence, his meeting with PW-2 and the blood on his clothes materially corroborated the prosecution evidence.
Conclusion
The Division Bench held that the prosecution had proved the appellant’s guilt beyond reasonable doubt.
The child eyewitness testimony was trustworthy; the oral dying declarations were consistent and voluntary; the extra-judicial confession was credible and corroborated; the medical evidence supported the assault; and the deficiencies in serological evidence were insufficient to create reasonable doubt.
Accordingly, the Bombay High Court found the conviction under Section 302 IPC proper and dismissed the criminal appeal, thereby maintaining the appellant’s life sentence. All pending applications were also disposed of.
Case Details
Case: Abdul Shakur Walesab Nadaf v. State of Maharashtra
Court: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Case No.: Criminal Appeal No. 498 of 2019
Neutral Citation: 2026:BHC-AS:35287-DB
Coram: Justice Manish Pitale and Justice Shreeram V. Shirsat
Judgment By: Justice Shreeram V. Shirsat
Reserved On: 8 July 2026
Pronounced On: 28 August 2026
Trial Court: Sessions Judge, Mangaon, Raigad
Trial Case: Sessions Case No. 46 of 2016
Offence: Section 302 IPC
Sentence: Life imprisonment + ₹50,000 fine; ₹40,000 directed to be paid to the deceased’s sons
Result: Appeal dismissed; murder conviction and life sentence upheld.
