Case Background

The appellants, family members (Jayanand, Niranjan, Ashabai, and Kiran Dhabale), were convicted under Section 302 r/w 34 IPC and Section 452 IPC for killing Sunanda, accused of practicing black magic. The primary accused, Jayanand, used an axe to assault the victim.

Incident Details (Para 2)

• Time and Place: Incident occurred on May 1, 2015, around 9:00 AM at Sunanda's residence.
• Key Act: Jayanand assaulted Sunanda with an axe, accusing her of practicing black magic.
• Witness Testimony: Informant Kishor (PW1) observed the attack and reported it.

Prosecution’s Evidence (Para 6-12)

• Eyewitnesses: PW1-Kishor, PW6-Ravindra, and PW11-Sarthak testified.
• Medical Findings: PW8-Dr. Pratap confirmed multiple injuries consistent with an axe attack.
• Recovery Evidence: Axe with blood stains was recovered from Jayanand; clothes were seized with human blood.

Defense Claims (Para 3)

• Testimonies were inconsistent and omitted details.
• Key witnesses like Sahebrao and Mahendra were not examined.

Court Observations

1. Homicidal Death Proven (Para 8): Medical evidence confirmed the cause of death as chop injuries.
2. Section 34 IPC Misapplied (Para 27-37): No sufficient evidence of prior meeting of minds or shared intent among appellants 2-4.

Acts and Sections Discussed

1. Indian Penal Code (IPC)
   • Section 302: Punishment for Murder.
   • Section 34: Acts done in furtherance of common intention.
   • Section 452: House-trespass with preparation for assault.
2. Indian Evidence Act
   • Section 27: Admissibility of confessions leading to discoveries.

Legal Ratio:

1. Individual Accountability vs. Common Intention: While Jayanand’s intent and actions were clearly established under Section 302 IPC, no evidence proved the involvement of other appellants in a shared plan or intention to murder.
2. Burden of Proof for Section 34 IPC: Prosecution failed to establish a prearranged plan or active participation of accused Nos. 2-4, leading to their acquittal under this provision. Mere presence or utterances like “ekjk ekjk” (beat her) do not suffice to prove shared criminal intent.

Final Order:

• Jayanand: Conviction under Section 302 IPC upheld.
• Niranjan, Ashabai, and Kiran: Acquitted of charges under Section 302 r/w Section 34 IPC.
• Section 452 IPC Conviction: Maintained for all appellants, already served.

Subjects:

• Subject: Criminal Law – Murder, Common Intention.
• Tags: IPC Section 34, Evidence, Black Magic, Homicidal Death, Nagpur High Court, Criminal Appeal.