Case Note & Summary
The case involves four appeals against a common judgment dated 19/01/2013 passed by the Additional Sessions Judge, Vasai, convicting the appellants for the murder of one person under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC). The appellants were original accused nos. 1, 2, 3, and 4. The prosecution case was based on circumstantial evidence, including last seen evidence and recovery of weapons. However, the High Court found that the evidence was inconsistent and unreliable. Key witnesses turned hostile, and the testimony of the sole eyewitness was found to be contradictory and not credible. The court noted that the prosecution failed to establish the common intention of the accused to commit murder. The court also observed that the recovery of weapons was not properly linked to the accused. Consequently, the court allowed the appeals, set aside the conviction, and acquitted the appellants, directing their release unless required in any other case.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 IPC - The appellants were convicted for murder based on circumstantial evidence. The court found material inconsistencies in the prosecution case, including contradictions in the testimony of key witnesses and lack of credible evidence to establish common intention. Held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellants are entitled to acquittal (Paras 1-23).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) is sustainable in law based on the evidence on record.
Final Decision
The appeals are allowed. The judgment and order dated 19/01/2013 passed by the Additional Sessions Judge, Vasai, is set aside. The appellants are acquitted of the charges. They shall be released forthwith unless required in any other case.
Law Points
- Common intention
- Section 34 IPC
- Circumstantial evidence
- Inconsistencies in prosecution case
- Benefit of doubt
Case Details
2022 LawText (BOM) (02) 58
Criminal Appeal No.734 of 2013, Criminal Appeal No.873 of 2013, Criminal Appeal No.735 of 2013, Criminal Appeal No.737 of 2018
S. S. Shinde, N. R. Borkar
Mr. Kuldeep S Patil for the Appellants in Criminal Appeal Nos.734 of 2013, 873 of 2013 and 737 of 2018, Ms. Racheeta Dhuru for the Appellant in Criminal Appeal No.735 of 2013, Mr. V B Konde Deshmukh, APP for the Respondent/State.
Dharmendra Paras Chauhan, Aazar Azim Shaikh, Ravindra Mishri Chauhan, Ashfaq Akram Khan
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Nature of Litigation
Criminal appeals against conviction for murder under Section 302 read with Section 34 IPC.
Remedy Sought
Appellants sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellants were convicted by the Additional Sessions Judge, Vasai, for murder and sentenced to life imprisonment.
Previous Decisions
The Additional Sessions Judge, Vasai, convicted the appellants on 19/01/2013.
Issues
Whether the conviction under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Submissions/Arguments
Appellants argued that the prosecution evidence was inconsistent and unreliable, and that the common intention was not proved.
Respondent/State argued that the evidence was sufficient to sustain the conviction.
Ratio Decidendi
The prosecution failed to prove the guilt of the appellants beyond reasonable doubt due to material inconsistencies in the evidence and failure to establish common intention under Section 34 IPC.
Judgment Excerpts
Since the aforesaid four separate appeals are arising out of one and the same judgment dated 19/01/2013 passed by the Additional Sessions Judge, Vasai, with the consent of the learned counsel appearing for the parties, the same are being decided by this common judgment.
These four appeal are directed against the judgment and order dated 19/01/2013 passed by Additional Sessions Judge, Vasai, thereby convicting the appellants for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
Procedural History
The appellants were convicted by the Additional Sessions Judge, Vasai, on 19/01/2013. They filed separate appeals before the High Court of Judicature at Bombay, which were heard together and decided by a common judgment on 25/02/2022.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34
