Case Note & Summary
The appellant, Kishor, was convicted by the Additional Sessions Judge, Majalgaon, for the murder of Angad under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 09.09.2015 when the deceased was playing cards with the accused. A quarrel took place, and later the appellant along with two others allegedly attacked the deceased, with the appellant stabbing him. The deceased was taken to the hospital but declared dead. The brother of the deceased, PW1 Mukund, lodged a report leading to the registration of a crime. After investigation, all three accused were charge-sheeted. The trial court convicted only the appellant, acquitting the other two. The appellant appealed, arguing that the conviction was based on the testimony of interested witnesses (relatives) and that no independent witness was examined. The High Court, after hearing submissions, upheld the conviction, finding the evidence of the relatives credible and sufficient to prove the appellant's guilt beyond reasonable doubt. The court noted that the acquittal of co-accused does not automatically affect the appellant's conviction.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on testimony of relatives - The appellant was convicted for murdering the deceased by stabbing during a quarrel over a card game. The court held that the testimony of interested witnesses, being relatives of the deceased, is not necessarily unreliable and can form the basis of conviction if found credible and corroborated. The acquittal of co-accused does not ipso facto vitiate the conviction of the appellant. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the testimony of interested witnesses and in light of the acquittal of co-accused.
Final Decision
Appeal dismissed; conviction and sentence under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Interested witnesses
- Credibility of relatives
- Acquittal of co-accused
- Circumstantial evidence
Case Details
2023 LawText (BOM) (11) 4
Criminal Appeal No. 54 of 2018
Smt. Vibha Kankanwadi, Abhay S. Waghwase
Mr. Vilas P. Sawant for Appellant, Mrs. V. S. Choudhari for Respondent
Kishor S/o. Laxman Mungulwar
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant seeks acquittal by setting aside conviction and sentence
Filing Reason
Appellant convicted under Section 302 IPC for stabbing deceased during a card game quarrel
Previous Decisions
Trial court convicted appellant and acquitted co-accused
Issues
Whether conviction based on testimony of interested witnesses is sustainable
Whether acquittal of co-accused affects appellant's conviction
Submissions/Arguments
Appellant argues conviction is based on interested witnesses (relatives) and no independent witness examined
Appellant points out that co-accused were acquitted on same evidence
Ratio Decidendi
Testimony of interested witnesses, being relatives of the deceased, can be relied upon if found credible and corroborated. Acquittal of co-accused does not automatically vitiate conviction of appellant.
Judgment Excerpts
Instant appeal arises out of judgment and order passed by Additional Sessions Judge, Majalgaon, Dist. Beed dated 09.12.2016 in Sessions Case No.52 of 2015, holding present appellant Kishor guilty for the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced him to suffer imprisonment for life and to pay fine of Rs.2,000/-.
On 09.09.2015, deceased Angad was playing cards with accused at around 3:00 p.m.. Quarrel took place between accused no.1 Kishor and deceased. At around 5:00 p.m., accused Nos.1 to 3 came to the spot where deceased was sitting and accused no.1 Kishor stabbed him, whereas other accused beat by stone, fists and kick blows.
Procedural History
Trial court convicted appellant on 09.12.2016; appellant filed Criminal Appeal No. 54 of 2018 before Bombay High Court; appeal reserved on 03.11.2023 and pronounced on 08.11.2023.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
