Case Note & Summary
The appellant, Gulshanbi Ayubsha, along with four other accused persons, was charged under Section 302 read with Section 34 of the Indian Penal Code, 1860, for the murder of Rijwanabee on 2nd February 2003 at about 4:00 p.m. at Gawalipura, Washim. The learned Sessions Judge convicted Accused Nos. 1 and 2 (the appellant and Akilabi) for the offence and sentenced each to rigorous imprisonment for life and a fine of Rs.500/-, in default simple imprisonment for one month, while acquitting the rest. The appellant filed Criminal Appeal No.422 of 2004 challenging her conviction. The High Court, after examining the evidence, found that the prosecution's case against the appellant was not consistent and lacked credible evidence to prove her involvement in the murder. The court noted that the appellant was not named in the First Information Report and the witnesses turned hostile. Consequently, the court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant, giving her the benefit of doubt.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 Indian Penal Code, 1860 - The appellant was convicted for murder in furtherance of common intention. The High Court found that the evidence against the appellant was inconsistent and insufficient to prove her participation in the crime. The court held that the prosecution failed to establish the common intention and the appellant's role in the murder, and thus acquitted her giving benefit of doubt. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellant under Section 302 read with Section 34 IPC for the murder of Rijwanabee is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Section 302 IPC
- Section 34 IPC
- Common Intention
- Circumstantial Evidence
- Benefit of Doubt
Case Details
2010 LawText (BOM) (08) 157
Criminal Appeal No.422 of 2004
Mr. Anil Mardikar for appellant, Mr. V.A. Thakre for respondent
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought acquittal from conviction under Section 302 read with Section 34 IPC
Filing Reason
Appellant was convicted by Sessions Judge for murder of Rijwanabee
Previous Decisions
Sessions Judge convicted Accused Nos. 1 and 2, acquitted others
Issues
Whether the conviction of the appellant under Section 302 read with Section 34 IPC is sustainable based on evidence
Submissions/Arguments
Appellant argued that evidence was inconsistent and insufficient to prove her involvement
Respondent argued that conviction was based on proper appreciation of evidence
Ratio Decidendi
The prosecution failed to prove the appellant's participation in the murder and common intention beyond reasonable doubt; inconsistent evidence entitles the appellant to benefit of doubt.
Judgment Excerpts
The appellant and other four accused persons were charged for offence punishable under Section 302 read with Section 34 of Indian Penal Code, for killing one Rijwanabee on 2nd February, 2003 at about 4-00 p.m. at Gawalipura, Washim, in furtherance of common intention to intentionally or knowingly cause her death.
The learned Sessions Judge convicted Accused Nos. 1 and 2 for offence punishable under Section 302 read with Section 34 of Indian Penal Code, and sentenced each of them to undergo Rigorous Imprisonment for life and to pay a fine of Rs.500/-, in default thereof, Simple Imprisonment for one month, and acquitted the rest.
Criminal Appeal No. 423 of 2004 filed by Accused No.2 – Akilabi has been decided, and she has been acquitted.
Procedural History
The appellant was convicted by the Sessions Judge. She filed Criminal Appeal No.422 of 2004 before the High Court. The High Court allowed the appeal and acquitted her.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
