Case Note & Summary
The appellant, Santosh Kantilal Kharva, was convicted by the Special Judge (CBI), Greater Mumbai, in Sessions Case No. 666 of 2011 for offences under Section 302 read with Section 149 and Section 147 of the Indian Penal Code (IPC) and sentenced to life imprisonment with a fine of Rs.2,500/-. The case arose from an incident on 10th June 2011 at about 9:15 p.m. near Shivneri Seva Mandal, Bhatwadi, Ghatkopar, Mumbai. The informant (PW-1) and his friend Mangesh Ghadge (deceased) were present at the spot when the appellant along with four others (accused Nos.2 to 5) arrived. The appellant allegedly had a motive due to a prior quarrel with the deceased. The appellant inflicted a knife blow on the deceased's chest, while the other accused assaulted him with sticks and fists. The deceased died on the spot. The trial court convicted the appellant but acquitted the other four accused. The appellant appealed against his conviction. The Bombay High Court heard the appeal and examined the evidence, including the testimonies of PW-1 (informant) and PW-2 (another eyewitness), who consistently identified the appellant as the person who stabbed the deceased. The medical evidence (PW-8, doctor) confirmed the cause of death as hemorrhagic shock due to a stab injury on the chest. The court found that the appellant's individual role was clearly established, and the acquittal of co-accused did not affect his conviction. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Object - Sections 302, 149, 147 Indian Penal Code, 1860 - Conviction based on consistent eyewitness testimony and medical evidence - The appellant was convicted for murder as part of an unlawful assembly with common object to kill the deceased - The court upheld the conviction, finding that the eyewitnesses (PW-1 and PW-2) consistently identified the appellant as the assailant who inflicted a fatal knife blow on the deceased, and the medical evidence corroborated the cause of death as hemorrhagic shock due to stab injury - The acquittal of co-accused did not affect the appellant's conviction as his individual role was clearly established (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 149 IPC and Section 147 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 read with Section 149 and Section 147 IPC are upheld.
Law Points
- Section 302 IPC read with Section 149 IPC
- Section 147 IPC
- Common object
- Unlawful assembly
- Eyewitness testimony
- Medical evidence
- Motive
- Acquittal of co-accused
