Case Note & Summary
The appellant, Salim Abdul Razak Baig, was convicted by the Additional Sessions Judge, Greater Mumbai, for the murder of Sudhakar Kashinath Lone, a right-hand man of Arun Gavli, and for violations of the Arms Act. The incident occurred on 16 December 1998 when the deceased, along with the appellant and co-accused, hired a taxi after a meeting at a film director's office. When the taxi stopped in Hospital Lane, Mazgaon, the appellant fired four bullets from a pistol at close range, killing the deceased. The taxi driver and a pedestrian informed the police. The appellant was arrested on 24 December 1998, and a pistol with live cartridges was recovered from his person. The trial court convicted the appellant under Section 302 IPC and Sections 3, 5, 25(1-B), and 27 of the Arms Act, sentencing him to life imprisonment and additional terms. The appellant appealed against the conviction. The High Court heard the appeal and considered the evidence, including eyewitness testimony from Madan Jain (PW6) and Niraj Pathak (PW8), who were present at the meeting and later in the taxi. The court found that the prosecution had proved its case beyond reasonable doubt, and the conviction was upheld. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant fired four bullets from close range causing death of victim - Eyewitness testimony of PW6 and PW8 corroborated by medical evidence and recovery of pistol - Held that prosecution proved case beyond reasonable doubt (Paras 2-4). B) Arms Act - Possession and Use of Firearm - Sections 3, 5, 25(1-B), 27 - Conviction upheld - Appellant was found in possession of pistol and live cartridges at time of arrest - Recovery from person of appellant - Held that possession and use of firearm without license established (Paras 2-4).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC and Sections 3, 5, 25(1-B), 27 of the Arms Act is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence upheld
Law Points
- Murder conviction upheld
- Circumstantial evidence
- Eyewitness testimony
- Recovery of weapon
- Arms Act violations
