Case Note & Summary
The appellant, Subhan Usman Shaikh, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Iqbal Ayub Siddiqui, the managing trustee of a trust managing a mosque. The incident occurred on 1 March 2009 at around 6-7 pm near the mosque at Anandwadi, Kalyan (East). The appellant, along with five other accused, had a grudge against the deceased due to a change in the board of trustees. The prosecution alleged that the appellant came from behind and gave an axe blow on the head of the deceased, who fell down, and then gave another blow on the neck. The other accused were present with deadly weapons and instigated the appellant to kill the deceased, while threatening bystanders not to intervene. The deceased was taken to hospital but succumbed to injuries at about 9 pm. The complainant, Mukaddar Daulat Sayyad, an eyewitness, heard a loud noise and saw the incident. The trial court convicted the appellant under Section 302 IPC and sentenced him to life imprisonment and a fine of Rs.10,000, with default imprisonment of two years. The other accused were acquitted. The appellant appealed against his conviction. The High Court examined the evidence, including eyewitness testimony and the dying declaration of the deceased. The court held that the injuries inflicted by the appellant were sufficient in the ordinary course of nature to cause death, establishing the intention to kill. The court also noted that the appellant had a motive due to the trust dispute. The appeal was dismissed, and the conviction and sentence were upheld. The court also disposed of the interim applications for suspension of sentence, as the appeal was finally decided.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and dying declaration - Appellant gave axe blows on the head and neck of the deceased, causing death - Held that the injuries were sufficient in the ordinary course of nature to cause death, and the intention to kill was established (Paras 1-49). B) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - Other accused present with weapons instigating the appellant - However, appellant alone inflicted fatal blows - Held that conviction under Section 302 read with Section 34 was not sustainable against other accused as no common intention to murder was proved beyond reasonable doubt (Paras 30-35). C) Evidence Law - Dying Declaration - Admissibility - Deceased made oral dying declaration to witnesses before death - Held that dying declaration is admissible under Section 32 of the Indian Evidence Act, 1872, and can be relied upon if it is consistent and credible (Paras 20-25).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable based on the evidence of eyewitnesses, dying declaration, and motive arising from a trust dispute.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld. Interim applications disposed of.
Law Points
- Murder
- Section 302 IPC
- Common Intention
- Section 34 IPC
- Unlawful Assembly
- Section 149 IPC
- Rioting
- Sections 147
- 148 IPC
- Dying Declaration
- Motive
- Trust Dispute
