Case Note & Summary
The appellant, Shahenaj Amjed Shaikh, was convicted by the II Ad-hoc Additional Sessions Judge, Solapur for the murder of her husband Amjed under Section 302 read with Section 34 IPC and for wrongful confinement under Section 342 read with Section 34 IPC. She was sentenced to life imprisonment for murder and one year rigorous imprisonment for wrongful confinement. The incident occurred on 6th June 2011. The prosecution case was that the appellant and her two sons tied up the deceased and later assaulted him, leading to his death. The appellant challenged the conviction before the Bombay High Court. The High Court examined the evidence, including the testimony of PW-1 Gulab Husen Shaikh and PW-2 Rehman Imam Shaikh. The court noted that the appellant was present but there was no evidence that she actively participated in the assault or shared common intention with her sons. The court also found that the prosecution failed to prove wrongful confinement. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 IPC - The appellant was convicted for murder of her husband along with her sons. The High Court held that the prosecution failed to prove that the appellant shared common intention with her sons to cause the death of the deceased. The evidence showed that the appellant was present but did not actively participate in the assault. The conviction under Section 302 read with Section 34 IPC was set aside. (Paras 1-16) B) Criminal Law - Wrongful Confinement - Section 342 read with Section 34 IPC - The appellant was also convicted for wrongful confinement. The High Court held that the prosecution failed to prove that the appellant wrongfully confined the deceased. The evidence was insufficient to establish the ingredients of Section 342 IPC. The conviction was set aside. (Paras 1-16)
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC and Section 342 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 342 IPC
- Common Intention
- Circumstantial Evidence
- Acquittal
