Case Note & Summary
The appellant, Anil Raju Kiratkudwe, was convicted by the Trial Court for the murder of Kiran Bhise under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 21.07.2013 at around 4:30 PM in front of Bhairavnath Super Market, Pune. The prosecution case was based on the ocular evidence of two eye-witnesses, PW-2 (Suraj Mane) and PW-3 (Tushar Warkhade), who were friends of the deceased. The prelude to the incident was a quarrel over the deceased's love affair with a girl named Praniti Shinde. On the day of the incident, the deceased along with his friends was returning from a cyber cafe when the appellant confronted him, questioned him about staring, threatened him to break the relationship, and then assaulted him with a knife on his stomach and other body parts. The friends initially intervened but ran away when threatened. The appellant chased and assaulted the deceased. The High Court, after hearing the appellant's counsel and the APP, perused the entire record. The court found that the eye-witnesses' testimonies were consistent and credible, and minor contradictions did not undermine the prosecution case. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eye-witness account - The appellant was convicted for murder of Kiran Bhise. The court examined the ocular evidence of PW-2 and PW-3, who were friends of the deceased and present at the spot. The court held that minor contradictions in their testimonies do not affect the credibility of the prosecution case, and the conviction was upheld. (Paras 4-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on the testimony of eye-witnesses PW-2 and PW-3 is sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence under Section 302 IPC are upheld.
Law Points
- Murder
- Eye-witness testimony
- Section 302 IPC
- Section 235(2) CrPC
- Credibility of witnesses
- Minor contradictions
