Case Note & Summary
The judgment pertains to two criminal appeals arising from Sessions Trial No. 117/2003. The appellants in Criminal Appeal No. 3/2006, Sachin Chate and Sandip Waghmare, were convicted under Section 302 read with Section 34 IPC for murder and sentenced to life imprisonment. The other accused in Criminal Appeal No. 120/2006 (filed by the State) were convicted under Section 326 read with Section 149 IPC for grievous hurt and sentenced to four years RI and fine. The incident involved a group assault resulting in one death and injuries to others. The trial court found that the appellants shared common intention to murder, while the other accused were part of an unlawful assembly with common object to cause grievous hurt. The High Court, after hearing arguments, upheld the convictions, finding no merit in the appeals. The court noted that the evidence of eyewitnesses and medical reports supported the prosecution case. The appeals were dismissed, and the convictions and sentences were confirmed.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 IPC - The appellants were convicted for murder based on evidence of common intention to cause death in a group assault. The court held that the prosecution proved beyond reasonable doubt that the appellants shared common intention to commit murder. (Paras 1-10) B) Criminal Law - Grievous Hurt - Unlawful Assembly - Section 326 read with Section 149 IPC - The other accused were convicted for causing grievous hurt as members of an unlawful assembly. The court held that the prosecution established the existence of an unlawful assembly with common object to cause grievous hurt. (Paras 1-10) C) Criminal Law - Acquittal - Benefit of Doubt - The trial court acquitted some accused due to lack of evidence. The High Court upheld the acquittals as no perversity was shown. (Paras 1-10)
Issue of Consideration
Whether the appellants are guilty of murder under Section 302 read with Section 34 IPC and whether the other accused are guilty of grievous hurt under Section 326 read with Section 149 IPC based on the evidence of common intention and unlawful assembly.
Final Decision
Both criminal appeals are dismissed. The impugned judgment and order of conviction and sentence passed by the trial court are confirmed.
Law Points
- Common intention
- Unlawful assembly
- Murder
- Grievous hurt
- Section 302 IPC
- Section 326 IPC
- Section 34 IPC
- Section 149 IPC
