Case Note & Summary
The appellant, Sudam Pandurang Sabale, was convicted by the Additional Sessions Judge, Jalgaon, for the murder of his uncle Sharad Avadaji Sabale under Section 302 IPC and for criminal trespass under Section 447 IPC. The prosecution case was that on 29 August 2012, the deceased had gone to his field at Sindi Shivar. The appellant, along with others, assaulted him with sticks and an iron rod over a land dispute. The deceased was brought home in a bullock-cart and later declared dead at the hospital. The FIR was lodged by the deceased's son, Manoj. The trial court convicted the appellant based on motive, last seen evidence, and medical evidence. The appellant appealed against the conviction. The High Court examined the evidence and found that the prosecution had established a complete chain of circumstances pointing to the appellant's guilt. The court noted that the appellant had a motive due to the land dispute, was last seen with the deceased, and the medical evidence corroborated the assault. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on circumstantial evidence - The appellant was convicted for murder of his uncle over a land dispute. The prosecution relied on motive, last seen evidence, and medical evidence. The court held that the chain of circumstances was complete and consistent with the guilt of the appellant. (Paras 1-19)
B) Criminal Law - Criminal Trespass - Section 447 IPC - The appellant was also convicted for criminal trespass as he entered the deceased's field without lawful authority. The court upheld the conviction. (Para 19)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 447 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence under Sections 302 and 447 IPC are upheld.
Law Points
- Murder
- Criminal Trespass
- Land Dispute
- Motive
- Circumstantial Evidence
- Last Seen Together
- Medical Evidence
- Section 302 IPC
- Section 447 IPC
Case Details
2023 LawText (BOM) (04) 25
Criminal Appeal No. 02 of 2016
Smt. Vibha Kankanwadi, Y. G. Khobragade
Mr. Govind Kulkarni, Mr. S.V. Deshmukh, Mr. A. M. Phule, Mr. D. B. Thoke
Sudam s/o Pandurang Sabale
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Nature of Litigation
Criminal appeal against conviction for murder and criminal trespass.
Remedy Sought
Appellant sought acquittal from the conviction under Sections 302 and 447 IPC.
Filing Reason
Appellant was convicted by the trial court for murder and criminal trespass.
Previous Decisions
Trial court convicted the appellant on 07.11.2015 in Sessions Case No.256 of 2012.
Issues
Whether the conviction under Section 302 IPC is sustainable?
Whether the conviction under Section 447 IPC is sustainable?
Submissions/Arguments
Appellant argued that the evidence was insufficient and the prosecution failed to prove the case beyond reasonable doubt.
Respondent argued that the chain of circumstances was complete and the conviction was justified.
Ratio Decidendi
The court held that the prosecution established a complete chain of circumstances, including motive, last seen evidence, and medical evidence, which conclusively pointed to the appellant's guilt. The conviction under Sections 302 and 447 IPC was upheld.
Judgment Excerpts
The present appeal under section 374 of the Criminal Procedure Code is filed by the appellant/convict against the judgment and order dated 07.11.2015 passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No.256 of 2012, whereby the present appellant-accused is convicted for the offence punishable under sections 302 and 447 of the Indian Penal Code in Crime No. 284 of 2012 registered with Chalisgaon Police Station on 29.08.2012.
In nutshell, the prosecution story is that, the informant Manoj Sharad Sabale lodged a FIR with Chalisgaon Police Station on 28.08.2012 stating that, his father Sharad Avadaji Sabale, Pandurang Avadaji Sabale and Anandrao Avadaji Sabale are real brothers.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Jalgaon on 07.11.2015 in Sessions Case No.256 of 2012. He appealed to the Bombay High Court under Section 374 CrPC. The appeal was reserved on 28.03.2023 and pronounced on 26.04.2023.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 447, 34
- Code of Criminal Procedure, 1973 (CrPC): 374
