Case Note & Summary
The case arises from an incident on 18 December 1986 at 2:30 p.m. in a field called 'Shericha Mala' in Village Nazare Supe, owned by the deceased Bajirao Yeshwant Kapre. On that day, an election for the post of Upsarpanch of the Grampanchayat was scheduled. The prosecution alleged that the appellants, along with others, formed an unlawful assembly and attacked the deceased and others. Appellant Jayawant Chimanrao Kapre inflicted a fatal axe blow on the deceased, while others caused injuries. The trial court convicted Jayawant under Section 302 IPC for murder and sentenced him to life imprisonment. Appellants Jayawant, Balu alias Sudam Kapre, and Trimbak Rambhau Kapre were also convicted under Sections 147, 148, 149, 247, and 325 IPC and sentenced to five years' rigorous imprisonment and fine. Additionally, Jayawant and Balu were convicted under Sections 147, 148, 149, 447, and 323 IPC and sentenced to six months' rigorous imprisonment and fine. All ten original accused appealed. During the appeal, this Court allowed Criminal Application No. 1364 of 2005 permitting compounding of offences for appellant nos. 2, 3, 4, 6, 7, 8, and 9, and the appeal was disposed of for them. The present appeal is only by appellant no. 1 Jayawant, appellant no. 5 Balu, and appellant no. 10 Trimbak. The court heard the learned counsel for the appellants and the Additional Public Prosecutor for the State. The court examined the evidence, including eyewitness testimony and medical reports, and found that the prosecution had proved its case beyond reasonable doubt. The court upheld the convictions and sentences of the three appellants, dismissing the appeal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant Jayawant inflicted a fatal axe blow on the deceased during a land dispute - Evidence of eyewitnesses and medical report corroborated - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-10).
B) Criminal Law - Unlawful Assembly - Sections 147, 148, 149 IPC - Rioting - Appellants Balu and Trimbak were part of an unlawful assembly that committed trespass and hurt - Their conviction under these sections upheld - Held that they shared common object (Paras 2-10).
C) Criminal Procedure - Compounding of Offences - During appeal, seven appellants compounded offences with victims - Appeal disposed for them - Remaining three appellants' appeal considered on merits (Para 3).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 147, 148, 149, 447, 323, and 325 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The convictions and sentences of appellant no. 1 Jayawant, appellant no. 5 Balu, and appellant no. 10 Trimbak are upheld.
Law Points
- Section 302 IPC
- Section 147 IPC
- Section 148 IPC
- Section 149 IPC
- Section 447 IPC
- Section 323 IPC
- Section 325 IPC
- Compounding of offences
- Common intention
- Unlawful assembly
Case Details
2010 LawText (BOM) (10) 83
Criminal Appeal No. 75 of 1989
D. D. Sinha, A. P. Bhangale
Mr. R. R. Bhonsale for Appellants, Mr. S. S. Pednekar - Additional Public Prosecutor for Respondents – State
Jayawant Chimanrao Kapre, Gulab Shivaji Kapre, Kundalik Nivrutti Kapre, Manik Mahadev Kapre, Balu alias Sudam Kapre, Dattatraya Sadashiv Khedekar, Vinayak Sahebrao Kapre, Hanumant Sahebrao Kapre, Ashok Ankush Kapre, Trimbak Rambhau Kapre
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for murder, rioting, and other offences.
Remedy Sought
Appellants sought acquittal from the convictions and sentences imposed by the trial court.
Filing Reason
Appellants were convicted by the Additional Sessions Judge, Pune, for various offences under the Indian Penal Code.
Previous Decisions
Trial court convicted appellant Jayawant under Section 302 IPC and sentenced to life imprisonment; all three appellants convicted under Sections 147, 148, 149, 247, and 325 IPC; Jayawant and Balu also convicted under Sections 147, 148, 149, 447, and 323 IPC.
Issues
Whether the conviction of appellant Jayawant under Section 302 IPC for murder is sustainable.
Whether the conviction of appellants Balu and Trimbak under Sections 147, 148, 149, 247, and 325 IPC is sustainable.
Whether the conviction of appellant Jayawant and Balu under Sections 147, 148, 149, 447, and 323 IPC is sustainable.
Submissions/Arguments
Learned counsel for the appellants argued for acquittal.
Learned Additional Public Prosecutor supported the trial court's judgment.
Ratio Decidendi
The prosecution proved beyond reasonable doubt that appellant Jayawant committed murder by inflicting a fatal axe blow, and appellants Balu and Trimbak were part of an unlawful assembly sharing common object, thus their convictions under the relevant sections of IPC are upheld.
Judgment Excerpts
Heard the learned counsel for the appellants Jayawant Kapre, Balu alias Sudam Kapre and Trimbak Rambhau Kapre and the learned Additional Public Prosecutor for the respondents – State.
The Criminal Appeal is directed against the Judgment and Order dated 12th January 1989 passed by the Additional Sessions Judge, Pune, whereby the appellant Jayawant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life.
During the pendency of the appeal, this Court allowed criminal application No. 1364 of 2005 and permitted compounding of offence in so far appellant nos. 2, 3, 4, 6, 7, 8 and 9 are concerned and therefore criminal appeal to that extent stands disposed of.
Procedural History
The trial court (Additional Sessions Judge, Pune) convicted the appellants on 12th January 1989. All ten accused appealed to the Bombay High Court. During the appeal, seven appellants compounded offences and their appeal was disposed of. The remaining three appellants' appeal was heard and dismissed on 29th October 2010.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 147, 148, 149, 247, 325, 447, 323
