Case Note & Summary
The case involved an appeal against the conviction of two brothers, Nandu Rastogi and Bal Mukund Rastogi, for the murder of Shankar Rastogi, the son of the informant, Shyam Mohan Rastogi. The incident occurred on 12th November 1985, when the deceased was shot dead after a confrontation over a property dispute. The prosecution alleged that the appellants, along with others, entered the informant's shop armed with pistols and forcibly took the deceased to a residential area where he was shot. The trial court found the appellants guilty under Section 302/34 IPC and Section 27 of the Arms Act, sentencing them to life imprisonment. The High Court dismissed their appeals, leading to the present appeal before the Supreme Court. The court examined the evidence, including eyewitness accounts, and found no inconsistencies that would undermine the prosecution's case. The court noted that the FIR was lodged promptly, and the testimonies of witnesses were credible and consistent. The defense argued that the appellants were falsely implicated due to a property dispute, but the court rejected this claim, emphasizing the common intention shared by the accused to commit the murder. The court concluded that the evidence supported the conviction and dismissed the appeals, affirming the lower court's decision.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Evidence of Witnesses - The court upheld the conviction of the appellants for murder based on credible eyewitness testimony and the prompt lodging of the FIR, which indicated no opportunity for concoction of the case. The court found that the actions of the appellants were in furtherance of a common intention to commit murder, thus justifying their conviction under Section 34 IPC. (Paras 1-5).
Issue of Consideration
Whether the appellants were rightly convicted under Section 302/34 IPC and Section 27 of the Arms Act.
Final Decision
The Supreme Court dismissed the appeals, affirming the conviction and sentence of the appellants under Section 302/34 IPC and Section 27 of the Arms Act.
Law Points
- Murder
- Common Intention
- Vicarious Liability
- Evidence
- Acquittal
