Case Note & Summary
The case involves three criminal appeals arising from a common judgment of the Sessions Judge, Yavatmal, in Sessions Trial No.50 of 2016. The appellant in Criminal Appeal No.568/2017, Devendra Maroti Bite, was convicted for offences under Sections 302, 307, 324, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The State of Maharashtra filed Criminal Appeal No.237/2018 seeking enhancement of sentence, and the victims, Shobha Mahadeo Gadge and Swapnil Mahadeo Gadge, filed Criminal Appeal No.637/2019 seeking compensation. The incident occurred on 24th April 2016, when the appellant and his co-accused allegedly attacked the victims with weapons like sticks and axes over a land dispute. The prosecution examined eyewitnesses, including injured witnesses, and medical evidence to prove the case. The trial court convicted the appellant for murder of Mahadeo Gadge and attempt to murder of others. The High Court, after hearing arguments, upheld the conviction, finding the evidence credible and the motive established. The court dismissed the appeals for enhancement and compensation, noting that the sentence was adequate and the victims could seek compensation through other legal remedies. The judgment was delivered on 23rd March 2021 by a division bench of Justices Z.A. Haq and Amit B. Borkar.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - The court upheld the conviction of the appellant for murder, relying on the consistent testimony of eyewitnesses who were injured in the same incident, and medical evidence corroborating the injuries. (Paras 1-20)
B) Criminal Law - Attempt to Murder - Section 307 IPC - Common Intention - Section 34 IPC - The court confirmed the conviction for attempt to murder, holding that the appellant shared common intention with co-accused to cause death, as evidenced by the nature of injuries and the sequence of events. (Paras 1-20)
C) SC/ST Act - Section 3(2)(v) - Atrocity - The court upheld the conviction under the SC & ST (Prevention of Atrocities) Act, 1989, finding that the victim was a member of a Scheduled Caste and the offence was committed on account of such status, based on the evidence of caste-based abuse. (Paras 1-20)
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 307, 324, 323, 504, 506 read with Section 34 of IPC and Section 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989 is sustainable based on the evidence on record.
Final Decision
The High Court dismissed all three appeals. It upheld the conviction of Devendra Maroti Bite under Sections 302, 307, 324, 323, 504, 506 read with Section 34 IPC and Section 3(2)(v) of SC/ST Act. The appeals for enhancement of sentence and compensation were also dismissed.
Law Points
- Murder
- Attempt to Murder
- SC/ST Act
- Common Intention
- Appreciation of Evidence
- Credibility of Witnesses
- Motive
- Circumstantial Evidence
Case Details
2021 LawText (BOM) (03) 146
Criminal Appeal No.568 of 2017 with Criminal Appeal No.237 of 2018 and Criminal Appeal No.637 of 2019
Z. A. Haq, Amit B. Borkar
Shri D. H. Sharma a/w Shri P. D. Sharma for appellant (in Cri. Appeal 568/2017); Shri T. A. Mirza, A.P.P. for respondent/State (in Cri. Appeal 568/2017); Shri T. A. Mirza, A.P.P. for appellant/State (in Cri. Appeal 237/2018); Shri D.H. Sharma a/w Shri P.D. Sharma for respondents (in Cri. Appeal 237/2018); Shri Santosh D. Chande for appellants (in Cri. Appeal 637/2019); Shri D.H. Sharma a/w Shri P.D. Sharma for respondent nos.1 to 3 (in Cri. Appeal 637/2019); Shri T. A. Mirza, A.P.P. for respondent no.4/State (in Cri. Appeal 637/2019)
Devendra S/o. Maroti Bite (in Cri. Appeal 568/2017); State of Maharashtra (in Cri. Appeal 237/2018); Shobha Mahadeo Gadge and Swapnil Mahadeo Gadge (in Cri. Appeal 637/2019)
State of Maharashtra (in Cri. Appeal 568/2017); Maroti S/o. Kisnaji Bite, Devendra Maroti Bite, Devanand Maroti Bite (in Cri. Appeal 237/2018); Maroti S/o. Kisnaji Bite, Devendra Maroti Bite, Devanand Maroti Bite, State of Maharashtra (in Cri. Appeal 637/2019)
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Nature of Litigation
Criminal appeals against conviction and for enhancement of sentence and compensation in a murder and attempt to murder case.
Remedy Sought
Appellant Devendra Bite sought acquittal; State sought enhancement of sentence; victims sought compensation.
Filing Reason
Challenge to the judgment of Sessions Judge, Yavatmal convicting the appellant for murder and other offences.
Previous Decisions
Sessions Judge, Yavatmal convicted the appellant on 25.10.2017 in Sessions Trial No.50 of 2016.
Issues
Whether the conviction under Sections 302, 307, 324, 323, 504, 506 read with Section 34 IPC and Section 3(2)(v) of SC/ST Act is sustainable.
Whether the sentence imposed is adequate or requires enhancement.
Whether the victims are entitled to compensation.
Submissions/Arguments
Appellant argued that the prosecution failed to prove the case beyond reasonable doubt, and the evidence of eyewitnesses was unreliable.
State argued that the evidence was credible and the conviction was correct, and sought enhancement of sentence.
Victims argued that they were entitled to compensation for the loss of life and injuries.
Ratio Decidendi
The court held that the testimony of injured eyewitnesses is highly credible and reliable, and when corroborated by medical evidence, it forms a solid basis for conviction. The motive of land dispute was established, and the offence under SC/ST Act was proved as the victim was a member of a Scheduled Caste and the abuse was caste-based.
Judgment Excerpts
Since all three appeals arise out of the same set of facts and the common judgment, we are disposing them of by common judgment.
Through these three appeals, the appellant in Criminal Appeal No.568/2017 challenges the judgment and order dated 25.10.2017 passed by the Sessions Judge, Yavatmal in Sessions Trial No.50 of 2016.
Procedural History
The trial court convicted the appellant on 25.10.2017. The appellant filed Criminal Appeal No.568/2017 against the conviction. The State filed Criminal Appeal No.237/2018 for enhancement of sentence. The victims filed Criminal Appeal No.637/2019 for compensation. All three appeals were heard together and disposed of by this common judgment.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 307, 324, 323, 504, 506, 34
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(2)(v)
