High Court of Judicature at Bombay Nagpur Bench Adjudicates Criminal Appeals Challenging Convictions, Acquittals and Sentence in Attempted Robbery and Murder Case Under IPC, Arms Act and MCOC Act. Convictions Under Sections 302, 324, 398 read with 34 IPC, Section 4 read with 25 Arms Act and Section 120-B IPC Were Challenged by Accused, While State and Victims Sought Reversal of Acquittals and Enhancement of Sentences.

High Court: Bombay High Court Bench: NAGPUR
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Issue of Consideration

CRIMINAL APPEAL NO. 502015

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Case Details

2023 LawText (BOM) (08) 185

Criminal Appeal No. 50/2015 with Criminal Appeal Nos. 63/2016, 410/2019, 87/2015, 116/2015, 474/2016, 72/2019

2023-08-22

Vinay Joshi, Bharat P. Deshpande

2023:BHC-NAG:12515-DB

R. B. Gaikwad, Sonali Saware, C. R. Thakur, R. R. Vyas, R. M. Patwardhan, V. A. Thakare, R.K. Tiwari, H.P. Lingayat

Bannasingh @ Rupsingh Bawari; Julfisingh Surajsingh @ Bambhai Bawri; Darasingh @ Dharasingh @ Satwantsingh Bawari; Raman Pandurang Thaokar; Prasad Sharadrao Khadekar; State of Maharashtra (in Criminal Appeals Nos.474/2016 and 72/2019)

State of Maharashtra; Bannasingh @ Rupsingh Bawari; Darasingh s/o Mirsingh Bawri; Lakhansingh s/o Mirsingh Bawri; Pankajsingh Kalusingh Dudhani; Julfisingh @ Surajsingh @ Bambhai Bawri

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Nature of Litigation

Criminal appeals before High Court arising from two separate trials for attempted robbery and murder dated 06.10.2012.

Remedy Sought

Convicted accused sought acquittal; State sought enhancement of sentence and reversal of acquittal; victims sought conviction of acquitted accused and enhancement of sentence.

Filing Reason

The incident gave rise to two trials: Special Cri. Case No.4/2013 against five accused and Special MCOC Case No.1/2015 against absconding accused. Dissatisfaction with trial court judgments led to multiple appeals.

Previous Decisions

In Special Cri. Case No.4/2013, accused No.1 Bannasingh was convicted under Sections 302, 324, 398 read with 34 IPC, Section 4 read with 25 Arms Act, and Section 120-B IPC; accused No.5 Julfisingh under Sections 302, 398 read with 34 IPC, Section 3 read with 25 Arms Act, and Section 120-B IPC; accused No.4 Pankajsingh under Sections 393 and 120-B IPC; accused Nos.2 and 3 were acquitted. In Special MCOC Case No.1/2015, Darasingh was convicted under Sections 302, 398 read with 34 and Section 120-B IPC.

Judgment Excerpts

Unpredicted Incident of attempted robbery and murder dated 06.10.2012, gave rise to multiple appeals. The Trial Court directed that all the substantive sentences shall run concurrently. Horrifying incident dated 06.10.2012 gave rise to the prosecution followed by two separate trials and judgment.

Procedural History

On 06.10.2012, attempted robbery and murder incident. Five accused tried in Special Cri. Case No.4/2013; absconding accused Darasingh tried separately in Special MCOC Case No.1/2015 after apprehension. Trial Court delivered judgments; convicted accused and State and victims filed seven appeals before High Court. High Court heard all appeals together.

Acts & Sections

  • Indian Penal Code, 1860: 34, 120-B, 302, 307, 324, 393, 395, 397, 398
  • Arms Act, 1959: 3, 4, 25
  • Maharashtra Control of Organized Crime Act, 1999: 3(1)(i), 3(2), 3(4), 12
  • Code of Criminal Procedure, 1973: 374, 378, 377(1)
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