Case Note & Summary
These criminal appeals arose from the judgment of conviction and sentence dated 19-07-2018 passed by the Additional Sessions Judge-2, Nagpur, in Sessions Trial 275/2015. The trial court convicted Dinesh alias Dadu Shishupal Hajare, Amit Pramod Somkuwar, and Pritam Ambadas Kawale for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. The accused were sentenced to rigorous imprisonment for life and a fine of Rs.75,000 with default rigorous imprisonment for two years for the murder conviction, and further rigorous imprisonment for one year and fine of Rs.2,000 with default rigorous imprisonment for two months for the police act offence. The prosecution case began with an incident on 22-03-2015 at a marriage ceremony of Pravin Yadav at Gotra Lawn, Kamptee Road, Nagpur, where Ishant Hajare, under the influence of liquor, created nuisance and threatened Shubham after being escorted out. On the next day, 23-03-2015, between 8.30 and 9.00 p.m., the deceased Shubham was standing in front of his house with his friend Kapil Pal (PW1), brother Pawan Dhepe (PW2), and sister-in-law Priya Dhepe (PW3). The accused, along with a juvenile in conflict with law, allegedly arrived and brutally assaulted Shubham with a knife, spear, and boulder, leading to instantaneous death. Pawan Dhepe telephonically informed the police, which arrived within ten to fifteen minutes, and after preliminary investigation at the spot, Pawan went to the police station and lodged an oral report which was reduced to writing. An offence was registered at Ajni Police Station under Section 302 read with Section 34 IPC, Section 135 Maharashtra Police Act, and Sections 4 and 25 of the Indian Arms Act. The investigation included collection of plain and blood-mixed soil, seizure of five pieces of cement stones stained with blood, one blood-stained knife with bunch of hair, spot-cum-seizure panchanama, inquest panchanama at Government Medical College and Hospital, and postmortem. Blood samples of accused were collected and sent to Chemical Analyzer. Police Inspector Sandipan Pawar took over investigation on 24-03-2015. Accused Dinesh and Pritam were apprehended between 3.00 and 3.30 p.m. on 24-03-2015, and from their personal search, blood-stained clothes and footwear and mobile phones were seized. Accused Amit was apprehended on 25-03-2015, and blood-stained chappals were seized. While in custody, each accused made disclosure statements leading to the recovery of knives and other weapons and blood-stained clothes from various places. A test identification parade was conducted by the Tahsildar, Nagpur on 17-04-2015. After completion of investigation, a final report under Section 173 of the Code of Criminal Procedure was submitted in the court of jurisdictional Magistrate, who committed the case to the Sessions Court. Charges were framed at Exhibit 8, and the accused abjured guilt. The prosecution examined fourteen witnesses, including eyewitnesses, panch witnesses, the autopsy doctor, investigating officers, and the junior engineer from electric department. The appeals before the High Court challenge the conviction and sentence. The extracted judgment text provides the prosecution case, investigation details, and witness list, but does not include the High Court's analysis, reasoning, or final order.
Headnote
A) Criminal Law - Murder - Common Intention - Indian Penal Code, 1860, Sections 302, 34 - The trial court convicted the appellants for murder under Section 302 read with Section 34 IPC and sentenced life imprisonment; the appeals challenge this conviction. The prosecution alleged that on 23-03-2015 the accused, along with a juvenile in conflict, assaulted the deceased with knife, spear and boulder causing instantaneous death. The High Court's final reasoning is not included in the extracted text (Paras 2-14). B) Criminal Procedure - Investigation and Trial - Code of Criminal Procedure, 1973, Section 173 - The investigation included spot panchanama, seizure of blood-stained articles, postmortem, custodial disclosure statements under panchanamas, recovery of weapons, and test identification parade by Tahsildar on 17-04-2015. The prosecution submitted final report under Section 173 CrPC and examined fourteen witnesses. The appellate court was to examine the legality of conviction based on this material; no final analysis in extracted text (Paras 3-14). C) Criminal Law - Offence under Police Act - Maharashtra Police Act, 1951, Section 135 - The trial court also convicted the appellants under Section 135 of the Maharashtra Police Act and sentenced rigorous imprisonment for one year with fine. The appeals challenge this conviction as well, but the extracted text does not provide separate reasoning for this offence (Paras 1-2).
Issue of Consideration
Whether the trial court's conviction of the appellants under Section 302 read with Section 34 IPC and Section 135 Maharashtra Police Act is sustainable on the evidence and law.
Final Decision
Not mentioned in the extracted text.
Law Points
- Murder under Section 302 IPC
- Common intention under Section 34 IPC
- Offence under Section 135 Maharashtra Police Act
- Evidence of eyewitnesses
- Test identification parade
- Custodial disclosure and recovery
