Case Note & Summary
The case pertains to a shooting incident on 30th May 2009 at the Regional Transport Office (RTO) in Aurangabad. The appellant's father, Rameshwar Tayade, a Junior Clerk, had been suspended following an audit that revealed misappropriation of government funds amounting to Rs.12,35,512. The appellant, aggrieved by his father's prolonged suspension, repeatedly visited the RTO office seeking revocation. On the day of the incident, he intruded into a meeting chaired by Regional Transport Officer Ashok Giri and, after an altercation, drew a pistol and fired, fatally wounding Dharmaji Kondawar, an Accounts Officer. He attempted to fire at Giri but the weapon jammed. The appellant fled the scene but was later arrested. The police recovered the firearm, ammunition, and other evidence. The trial court convicted him for offences under Sections 302, 307, 353, 332, 333, 201 of the Indian Penal Code and Sections 3 and 25 of the Arms Act, sentencing him to life imprisonment for murder and varying terms for other charges. Co-accused Sachin Pawar was acquitted of major charges but convicted under Section 201 read with Section 34 IPC for helping destroy evidence. The appellant challenged the conviction in appeal before the High Court, contending that the trial court erred in appreciating the evidence and that the prosecution failed to prove the charges beyond reasonable doubt. The appeal was heard and reserved for judgment on 30th September 2021. The High Court pronounced its judgment on 20th December 2021, but the provided text does not include the court's reasoning and final order, only the procedural history and facts.
Issue of Consideration
CRIMINAL APPEAL NO. 299 OF 2014
Case Details
2021 LawText (BOM) (12) 2
Criminal Appeal No. 299 of 2014
V.K. Jadhav, Shrikant D. Kulkarni
A.K. Bhosale, S.P. Deshmukh
Sachin s/o Rameshwar Tayade
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Nature of Litigation
Criminal appeal against conviction and sentence for murder, attempt to murder, assault on public servants, and Arms Act violations.
Remedy Sought
Appellant seeks to set aside the trial court's conviction and sentence.
Filing Reason
Aggrieved by the judgment and order of conviction dated 17.5.2014 passed in Sessions Case No.397/2009 by the Additional Sessions Judge at Aurangabad.
Previous Decisions
The trial court convicted the appellant for offences under Sections 302, 307, 353, 332, 333, 201 IPC and Sections 3/25 Arms Act, sentencing him to life imprisonment and other terms, and acquitted co-accused of major charges while convicting both under Section 201/34 IPC.
Judgment Excerpts
The appellant rushed to the chamber of first informant about 12.15 noon and asked him as to how long his father would remain under suspension.
The appellant again entered in the cabin of the first informant on the same day at about 12.30 noon and asked him to do something to revoke suspension of his father.
He took out weapon from his pant's right pocket and he fired shot and the bullet was hit on the chest of Mr Dharmaji Kondawar.
The appellant tried to load the weapon for fire towards Ashok Giri but, it was locked.
Procedural History
FIR lodged by Ashok Giri on 30.5.2009 leading to Crime No.310/2009 at Kranti Chowk Police Station. Investigation carried out by PI More, including seizure of firearm, arrest of appellant on 31.5.2009, recovery of weapon on 4.6.2009, and arrest of co-accused. Charge-sheet filed before Chief Judicial Magistrate, Aurangabad; case committed to Sessions Court as per Section 209 Cr.P.C. Sessions Case No.397/2009 tried by Additional Sessions Judge, Aurangabad. Charges framed under Sections 302, 307, 353, 332, 333, 201, 120-B r/w 34 IPC and Sections 3/25 Arms Act. Appellant pleaded not guilty. Trial held; 13 prosecution witnesses examined. On 17.5.2014, appellant convicted for Sections 302, 307, 353, 332, 333, 201 IPC and 3/25 Arms Act, sentenced to life imprisonment and other concurrent terms; co-accused acquitted of main charges but convicted under Section 201/34. Appellant filed Criminal Appeal No. 299 of 2014 before High Court. Appeal heard and reserved on 30.9.2021; judgment pronounced on 20.12.2021 (full text not provided).
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 353, 332, 333, 201, 120-B, 34, 420, 409, 468, 471
- Arms Act, 1959: 3, 25
- Bombay Police Act, 1951: 135
- Code of Criminal Procedure, 1973: 209, 235(2), 428
