Case Note & Summary
The case involved an appeal against the conviction of the appellants for the murder of Parmeshwar Sao and violations of the Arms Act. The incident occurred on the night of 22nd March 1987, when Parmeshwar was shot by Baldeo Chauhan, allegedly at the behest of Lakhan Sao, while they were threshing wheat in their village. The prosecution presented several eyewitnesses, including Kishori Sao, who testified that Lakhan Sao had grabbed Parmeshwar and instructed Baldeo to shoot him. The trial court found the evidence compelling, establishing both motive and the manner of the crime, leading to the conviction of both appellants. The High Court upheld this conviction, finding the eyewitness accounts credible and consistent. The appellants contended that the prosecution failed to prove premeditation and common intention, arguing that the evidence was improbable and lacked corroboration. However, the court noted that the identification of the accused was not in question, as they were known to the witnesses, and the circumstances of the crime were sufficiently established. The court emphasized that the absence of a recovered weapon did not undermine the prosecution's case, given the strong eyewitness testimony. Ultimately, the Supreme Court dismissed the appeals, affirming the lower courts' findings and sentences, which included life imprisonment for the murder charge and additional imprisonment for the Arms Act violation.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - The court upheld the conviction of the appellants for murder based on credible eyewitness testimony and established motive. The evidence of PW 6 was corroborated by other witnesses, and the common intention to kill was established despite the absence of a recovered weapon - Indian Penal Code, 1860, Sections 302, 34 - Held that the prosecution's case was strong and consistent (Paras 1-4).
Issue of Consideration
Whether the prosecution established the guilt of the appellants beyond reasonable doubt under Sections 302/34 IPC and Section 27 of the Arms Act.
Final Decision
The Supreme Court dismissed the appeals, affirming the convictions and sentences imposed by the lower courts. The court ordered that if either of the accused was on bail, the bail shall stand cancelled and they shall surrender immediately to serve out the sentences imposed.
Law Points
- Murder
- Common Intention
- Arms Act Violations
- Eyewitness Testimony
- Motive
- Identification of Accused
