Case Note & Summary
The case involved the conviction of two appellants for the murder of a police informer, Khalil Ahmad, under Sections 302, 307 read with Section 34 of the Indian Penal Code (IPC) and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The incident occurred on 19th September 1992, when the police, acting on information about dacoits, attempted to apprehend the appellants, who were armed. During the chase, Anwar fired a shot that fatally injured Khalil. The police seized a revolver and cartridges from Anwar, and a pistol from Tasleem. The prosecution's case relied on the testimonies of police witnesses and ballistic evidence linking the bullet to Anwar's weapon. The defense argued that the police version was fabricated, citing the absence of independent witnesses and the non-examination of the investigating officer. The court found the evidence sufficient to uphold Anwar's conviction but determined that Tasleem's role was not established beyond reasonable doubt, leading to his acquittal for the murder charge while upholding other convictions. The court dismissed Anwar's appeal, affirming the conviction and sentence, while partly allowing Tasleem's appeal, resulting in his acquittal for the murder charge but maintaining his other sentences.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - Prosecution established that accused Anwar fired the shot causing death of Khalil - Evidence from police witnesses corroborated the prosecution's case, including ballistic reports linking the bullet to Anwar's revolver - Held that the conviction was justified based on the evidence presented (Paras 1-4). B) Criminal Law - Common Intention - Conviction under Section 302 read with Section 34 IPC - Court found insufficient evidence to establish that Tasleem had a common intention to kill, as the exhortation was not clearly established - Conviction of Tasleem under Section 302 IPC set aside, while other convictions were upheld (Paras 5-6).
Issue of Consideration
Whether the prosecution proved the involvement of the accused in the murder and attempted murder beyond reasonable doubt.
Final Decision
The Supreme Court dismissed Criminal Appeal No. 1045 of 1999 filed by Anwar, upholding his conviction for murder. The court partly allowed Criminal Appeal No. 1175 of 1999 filed by Tasleem, acquitting him of the murder charge under Section 302 IPC while confirming other convictions.
Law Points
- Murder
- Attempt to Murder
- Common Intention
- TADA Act
- Evidence
- Conviction
