Case Note & Summary
The High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, heard a batch of seven criminal appeals arising from an incident that occurred on 13.03.2009 at Ulva, Taluka Panvel, District Raigad. The appeals challenge judgments of the Sessions Court, Raigad at Alibag, in two related sessions cases: Sessions Case No.81/2009 (along with Sessions Case No.154/2010) arising from FIR C.R. No.45/2009, and Sessions Case No.136/2009 arising from cross-complaint FIR C.R. No.44/2009. The first information report was lodged by Manohar Gopal Patil at 1:10 a.m. on 14.03.2009 against 18 accused persons, alleging that his son Rajesh was assaulted with sticks, swords and sickle by accused Nos.1 to 15. The prosecution case indicated a prelude quarrel on 11.03.2009 between accused No.2 Jagdish Madhvi and Sameer Damodar Madhvi during Holi festival, in which the deceased Rajesh Manohar Patil intervened, leading to a grudge held by accused Nos.1 and 2. On the incident night, the first informant heard screams from the direction of his neighbour's house and saw his son being attacked; accused No.1 allegedly used a sickle, while accused Nos.2 and 4 used swords. Police arrived and removed Rajesh to a municipal hospital, where he was declared dead. The Trial Court convicted original accused Nos.1 to 14 under Sections 302 read with 149 IPC and sentenced them to life imprisonment and fines, along with convictions under Sections 143, 144, 147, 148 and 149 IPC. Accused Nos.15 to 18 were acquitted. In the cross-case, nine accused were convicted under Section 324 read with 149 IPC and sentenced to one year rigorous imprisonment. The appeals included those by the convicted accused challenging their convictions, and an appeal by the original complainant challenging the acquittal of accused Nos.15 to 18. The High Court reserved judgment on 23.08.2022 and pronounced on 06.09.2022. The final holding and directions are not detailed in the provided excerpt.
Headnote
A) Criminal Law - Murder - Common Object - Indian Penal Code, 1860, Sections 302 read with 149, 143, 144, 147, 148, 149 - Trial Court convicted original accused Nos.1-14 for murder and rioting based on acts of assault with sickle and swords in prosecution of common object; appeals challenge the conviction - Held: Final holding not available in provided text (Paras 1, 2, 3.3). B) Criminal Law - Hurt - Rioting - Indian Penal Code, 1860, Section 324 read with 149 - Cross-case Sessions Case No.136/2009 resulted in conviction of nine accused for voluntarily causing hurt by dangerous weapons as members of unlawful assembly; separate appeals were filed - Held: Final holding not available in provided text (Paras 1, 2.1). C) Criminal Procedure - Appeal against Acquittal - Code of Criminal Procedure, 1973, Section 235(2) - Original complainant appealed acquittal of accused Nos.15-18 in Sessions Case No.154/2010; the acquittal was recorded in common judgment dated 01.06.2011 - Held: Final holding not available in provided text (Paras 1, 2). D) Criminal Procedure - Joint Trial - Cross-Complaints - Code of Criminal Procedure, 1973 - Trials of two cross FIRs arising from same incident were conducted one after another by Trial Court in accordance with law laid down by Apex Court; appeals before High Court challenge both judgments - Held: Final holding not available in provided text (Paras 2.2, 1).
Issue of Consideration
Whether convictions under Sections 302 read with 149 and 324 read with 149 IPC are sustainable; whether acquittal of accused Nos.15-18 is proper; whether cross-case convictions are correct.
Law Points
- Common object under Section 149 IPC requires participation in unlawful assembly
- Sections 302 and 324 IPC define murder and voluntarily causing hurt
- Section 235(2) CrPC mandates hearing accused on sentence
