Case Note & Summary
The appellant, Rajendra @ Raju Kanadi, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 240 of 2012 for the murder of his friend Manish Harishchandra Thorat under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with a fine of Rs. 1,000. The incident occurred on 30 November 2011 at around 3:00 p.m. when the appellant barged into the room of PW-8 Mangesh Pendse, where the deceased was present, demanded money, and after a quarrel, inflicted knife blows on the deceased's neck, chest, and buttock. The deceased ran out but was chased and stabbed again. He was admitted to K.E.M. Hospital where he died. The prosecution examined several witnesses, including eyewitnesses PW-2 Kaliya Dehede and PW-8 Mangesh Pendse, and medical evidence. The trial court convicted the appellant. The appellant appealed to the Bombay High Court challenging the conviction. The High Court examined the evidence, particularly the testimony of the eyewitnesses, and found it credible and consistent. The medical evidence corroborated the injuries. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - Appeal against conviction for murder by knife attack - Court examined credibility of eyewitnesses PW-2 and PW-8 and medical evidence - Held that the testimony of eyewitnesses was consistent, reliable, and corroborated by medical evidence, and the conviction was upheld (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 for the murder of Manish Thorat is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Life Imprisonment
- Eyewitness Testimony
- Medical Evidence
- Credibility of Witnesses
