Case Note & Summary
The case involves two appeals arising from a common judgment of the Sessions Judge, Washim in Sessions Case No. 9/2016. The appellant in Criminal Appeal No. 6/2017, Ambadas Kisan Gadekar, was convicted under Section 302 IPC for murder and under Section 506 IPC for criminal intimidation, sentenced to life imprisonment and fine. The victim's wife, Sangita Ramrao Rathod, filed Criminal Appeal No. 142/2017 challenging the acquittal of accused nos. 2 to 4 (Dutta Kisan Gadekar, Sachin Shrirang Dawane, and Sunita Ambadas Gadekar) for the same murder. The prosecution case was that the deceased Ramrao Rathod and the accused were residents of Village Jaipur. The accused were being prosecuted in another criminal case, which provided motive. The appellant was last seen with the deceased, and the body was found later. The trial court convicted the appellant based on circumstantial evidence, including motive and last seen theory, but acquitted the other accused for lack of evidence of common intention. The High Court upheld the conviction of the appellant, finding the circumstantial evidence sufficient, and dismissed the appeal against acquittal, holding that there was no evidence to prove common intention among the co-accused.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Motive - Last Seen Theory - Section 302, Indian Penal Code, 1860 - The appellant was convicted for murder based on motive and last seen evidence. The court held that the chain of circumstances was complete and pointed to the guilt of the appellant. (Paras 1-3)
B) Criminal Law - Acquittal - Common Intention - Section 302 read with Section 34, Indian Penal Code, 1860 - The victim's wife appealed against acquittal of co-accused. The court held that there was no evidence of common intention to murder, and the acquittal was justified. (Paras 3-4)
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable; whether the acquittal of co-accused for lack of common intention is correct.
Final Decision
Criminal Appeal No. 6 of 2017 dismissed; conviction and sentence of appellant upheld. Criminal Appeal No. 142 of 2017 dismissed; acquittal of accused nos. 2 to 4 confirmed.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- common intention
- Section 302 IPC
- Section 506 IPC
Case Details
2020 LawText (BOM) (12) 102
Criminal Appeal No. 6 of 2017 and Criminal Appeal No. 142 of 2017
Z. A. Haq, Amit B. Borkar
Shri S. D. Chande (for appellant in Cr.Appeal No.6/2017), Shri Gajanan Kale h/f Shri Jaykumar Sakharam Wankhede (for appellant in Cr.Appeal No.142/2017), Shri T. A. Mirza (A.P.P. for respondent/State), Shri R. M. Daga (for respondent no.2 in Cr.Appeal No.142/2017)
Ambadas Kisan Gadekar (in Cr.Appeal No.6/2017); Sangita Ramrao Rathod (in Cr.Appeal No.142/2017)
State of Maharashtra (in both appeals); Dutta Kisan Gadekar, Sachin Shrirang Dawane, Sau. Sunita Ambadas Gadekar (in Cr.Appeal No.142/2017)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case.
Remedy Sought
Appellant in Cr.Appeal No.6/2017 seeks acquittal; appellant in Cr.Appeal No.142/2017 seeks conviction of acquitted accused.
Filing Reason
Challenge to judgment of Sessions Judge, Washim in Sessions Case No.9/2016.
Previous Decisions
Sessions Judge convicted Ambadas Kisan Gadekar under Sections 302 and 506 IPC and acquitted accused nos. 2 to 4.
Issues
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence is sustainable.
Whether the acquittal of co-accused for lack of common intention is correct.
Submissions/Arguments
Appellant in Cr.Appeal No.6/2017 argued that the circumstantial evidence was insufficient.
Appellant in Cr.Appeal No.142/2017 argued that the co-accused shared common intention.
Ratio Decidendi
The chain of circumstantial evidence, including motive and last seen theory, was complete and pointed to the guilt of the appellant. There was no evidence of common intention among the co-accused, so their acquittal was justified.
Judgment Excerpts
Through these two appeals, the appellant in Criminal Appeal No. 6/2017 challenges the judgment and order dated 15.12.2016 passed by the Sessions Judge, Washim in Sessions Case No. 9/2016, whereby the appellant has been convicted and sentenced...
The victim (wife of the deceased) has filed Criminal Appeal No. 142/2017, challenging acquittal of the accused nos. 2 to 4 for offence punishable under Section 302 of the IPC.
Procedural History
The Sessions Judge, Washim convicted Ambadas Kisan Gadekar under Sections 302 and 506 IPC and acquitted accused nos. 2 to 4. Both parties appealed to the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 506, 34
