Case Note & Summary
The appellant, Ajay Ram Pandit, was convicted by the Trial Court for the murder of an unknown pedestrian under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 03.09.2011 at Shivarkar Road, Pune, where the appellant assaulted the deceased with an iron rod, causing fatal head injuries. The prosecution relied on eyewitness accounts of PW-4 and PW-5, who apprehended the appellant at the scene, and medical evidence confirming death due to head injury. The appellant challenged the conviction on grounds of lack of intent and insufficient evidence. The High Court, after examining the evidence, held that the eyewitness testimony was credible and corroborated by medical evidence, establishing the appellant's intention to cause death. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - Appellant inflicted two blows with iron rod on head of deceased - Eyewitnesses (PW-4 and PW-5) apprehended appellant at spot - Medical evidence corroborated cause of death as head injury - Held that prosecution proved case beyond reasonable doubt (Paras 1-16).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC and sentence of life imprisonment is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Life imprisonment
- Eyewitness testimony
- Medical evidence
- Iron rod
- Head injury
- Intent to cause death
- Section 235(2) CrPC
Case Details
2022 LawText (BOM) (10) 66
Criminal Appeal No. 147 of 2017
A.S. Gadkari, Milind N. Jadhav
Ms. Nasreen S. Ayubi (for Appellant), Mrs. J.S. Lohakare (APP for Respondent)
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Nature of Litigation
Criminal appeal against conviction and sentence for murder.
Remedy Sought
Appellant sought acquittal from conviction under Section 302 IPC and life imprisonment.
Filing Reason
Appellant challenged the judgment and order dated 25.03.2015 passed by the Additional Sessions Judge, Pune in Sessions Case No.34 of 2012 convicting him under Section 302 IPC.
Previous Decisions
Trial Court convicted appellant under Section 302 IPC and sentenced to life imprisonment.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence on record.
Submissions/Arguments
Appellant argued that the prosecution failed to prove the case beyond reasonable doubt and that the intention to cause death was not established.
Respondent argued that the eyewitness testimony and medical evidence clearly established the appellant's guilt.
Ratio Decidendi
The eyewitness testimony of PW-4 and PW-5, who apprehended the appellant at the scene with the iron rod, coupled with medical evidence confirming death due to head injury, establishes the appellant's intention to cause death, making the conviction under Section 302 IPC sustainable.
Judgment Excerpts
This Criminal Appeal challenges the Judgment and Order dated 25.03.2015 passed by the learned Additional Sessions Judge, Pune in Sessions Case No.34 of 2012 convicting Appellant under Section 235(2) of the Criminal Procedure Code, 1973 of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.100/-.
Procedural History
The appellant was convicted by the Trial Court on 25.03.2015 in Sessions Case No.34 of 2012. He filed the present appeal before the High Court. The appeal was reserved on 10.10.2022 and pronounced on 18.10.2022.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
- Code of Criminal Procedure, 1973 (CrPC): 235(2)
