Case Note & Summary
The appellant, Sunil Bisandatt Kaushik, was convicted under Section 302 of the Indian Penal Code for the murder of Mohan Rathod and sentenced to life imprisonment. The incident occurred on 22 March 1989 when the appellant, along with four others, demanded Holi money from the complainant Venkat Sadashiv Jadhav (PW5) and his companions, including the deceased. When the complainant refused, the appellant took out a knife and stabbed the deceased twice in the abdomen, causing his death. The complainant, an injured eye-witness, lodged the FIR promptly. The trial court convicted the appellant based on the testimony of PW5, medical evidence, and recovery of the knife at the appellant's instance. The High Court, in appeal, examined the evidence and found the testimony of PW5 to be credible, natural, and corroborated by the post-mortem report and the recovery of the weapon. The court held that the conviction was sustainable and dismissed the appeal, upholding the life sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on testimony of injured eye-witness and recovery of weapon - The appellant was convicted for stabbing the deceased twice in the abdomen with a knife after a demand for Holi money. The court upheld the conviction, finding the evidence of PW5 (injured eye-witness) credible and corroborated by medical evidence and recovery of the knife at the instance of the appellant. (Paras 1-10) B) Evidence Law - Testimony of Injured Witness - Credibility - The court held that the testimony of an injured witness is entitled to great weight and cannot be discarded lightly. The witness's presence at the scene was natural, and his account was consistent with the medical evidence and the recovery of the weapon. (Paras 5-8) C) Criminal Procedure - Appeal against Conviction - Scope - The court examined the evidence afresh and found no reason to interfere with the trial court's findings. The appeal was dismissed. (Paras 1, 10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of Mohan Rathod is sustainable based on the evidence of the injured eye-witness and recovery of the weapon of offence.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Dying Declaration
- Circumstantial Evidence
- Recovery of Weapon
- Testimony of Injured Witness
- Common Intention
