Case Note & Summary
The appeal arose from a judgment of the High Court of Judicature at Bombay, Bench at Nagpur, which dismissed the appellant's criminal appeal against his conviction under Section 302 IPC for murder and Section 307 IPC for attempt to murder, with sentences including life imprisonment. The prosecution case involved the murder of Nandkishor Korde on September 26, 2013, and stab injuries to three others, with an FIR lodged by the victim's mother. The investigation led to the recovery of a blood-stained knife and other evidence, and the appellant was arrested. After trial, the Additional Sessions Judge convicted the appellant based on eyewitness testimony, and the High Court upheld this decision. The appellant challenged the conviction on multiple grounds, including non-examination of independent witnesses, improbability due to his age, credibility of interested eyewitnesses, lack of motive, and inconsistencies in evidence. He also argued for conversion of the conviction to Section 304 Part II IPC, claiming self-defense. The State supported the conviction. The Supreme Court heard the parties and considered the evidence, including the appellant's written statement under Section 313(5) CrPC, where he claimed self-defense, alleging he was attacked by the victim and others. The court referenced precedents on the value of Section 313 statements, noting they must be considered with prosecution evidence and cannot alone form the basis for conviction. After analysis, the court found the prosecution had proved its case beyond reasonable doubt, the appellant's defense was false, and the eyewitness testimony was reliable. The appeal was dismissed, upholding the conviction and sentences.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Conviction under Sections 302 and 307 IPC - Indian Penal Code, 1860, Sections 302, 307 - Appellant convicted for murder of Nandkishor Korde and attempt to murder of three others based on eyewitness testimony and evidence - Supreme Court upheld conviction, dismissing appeal against High Court judgment - Held that prosecution proved case beyond reasonable doubt and appellant's defense was false (Paras 1-6). B) Criminal Procedure - Accused's Statement - Consideration under Section 313 CrPC - Code of Criminal Procedure, 1973, Section 313 - Appellant filed written statement under Section 313(5) CrPC claiming self-defense - Court summarized principles from precedents on value of Section 313 statements - Held that accused's explanations must be considered with prosecution evidence, and no conviction solely on Section 313 statement (Paras 11-15). C) Evidence Law - Eyewitness Testimony - Reliability of Interested Witnesses - Indian Evidence Act, 1872 - Appellant argued eyewitnesses P.W.2, P.W.3, P.W.4 were interested and not credible - Court did not accept this, relying on their testimony for conviction - Held that prosecution evidence was sufficient to establish guilt (Paras 4-5). D) Criminal Law - Self-Defense - Burden of Proof - Indian Penal Code, 1860 - Appellant claimed self-defense in written statement, alleging victim and others attacked him - Court considered this defense but found it unsupported by evidence - Held that prosecution proved case beyond reasonable doubt, negating self-defense claim (Paras 12-13).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 IPC is sustainable based on the evidence and whether the appellant's statement under Section 313 CrPC supports his defense of self-defense
Final Decision
Supreme Court dismissed the appeal, upholding the conviction under Sections 302 and 307 IPC and the sentences imposed.
Law Points
- Conviction under Section 302 IPC for murder and Section 307 IPC for attempt to murder
- reliance on eyewitness testimony
- consideration of accused's statement under Section 313 CrPC
- principles of self-defense and burden of proof
