Case Note & Summary
The Bombay High Court heard a batch of criminal appeals arising from the judgment of the Additional Sessions Judge, Sindhudurg-Oros in Sessions Case No.44 of 1999 dated 30th April 2002. The trial court had convicted accused no.1 under sections 307, 323, 324 IPC and section 3 read with section 25 of the Arms Act, sentencing him to life imprisonment under section 307; accused no.5 under sections 302 and 307 IPC with life imprisonment; and accused nos.1,4,5,6 under section 452 IPC with six months rigorous imprisonment. Accused no.6 and other convicted accused filed appeals challenging their convictions, while the State preferred an appeal against all accused. The prosecution case centered on a long-standing political rivalry in village Upale between two groups, one led by accused no.1 and the other by Bhaskar Upade. On 20th May 1998 at around 10:15 p.m., accused nos.1,2,4,5,6 allegedly trespassed into the house of PW14 Shankar Pandurang Upade, where accused no.1, armed with a chopper and revolver, threatened and assaulted PW14, and later stabbed PW18 Jaidas with a chopper. Accused no.5 fired shots, killing Santosh on the spot and fatally injuring Jaishri, who later died in hospital on 22nd May 1998. Others, including PW20 Bhikaji and PW21 Nitin, received bullet injuries. The trial court accepted the evidence of eye witnesses and medical officers to hold that the deaths were homicidal and that common intention existed. However, the text of the High Court judgment is incomplete and does not contain the final analysis, ratio, or decision. The court's findings and order are not available.
Issue of Consideration
Determination of guilt of the accused for offences including murder, attempt to murder, trespass, and possession of arms, and correctness of trial court's verdict
Law Points
- sections 147
- 148
- 149
- 452
- 324
- 323
- 504
- 506
- 307
- 302 of Indian Penal Code
- section 3 read with section 25 of Arms Act
- common intention under section 34 IPC
- homicidal death
- firearm injuries
- trespass
- alibi plea
- hostile witnesses
- testimony of eye witnesses
- medical evidence
