Bombay High Court Upholds Conviction for Murder in Knife Assault Case — Life Imprisonment Confirmed for Accused Who Stabbed Deceased During Intervention in Quarrel. The court held that the prosecution proved the case beyond reasonable doubt under Section 302 IPC based on eyewitness testimony and medical evidence.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
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Case Note & Summary

The appellant, Anil Chandrakant Londhe, was convicted by the Sessions Judge, Sangli in Sessions Case No.114 of 1999 for the offence punishable under Section 302 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs.500, with default simple imprisonment for three months. The conviction was based on the prosecution case that on 29 March 1999, around 8:30-8:45 p.m., the appellant confronted the first informant Manik (PW4) near DoBhai Lodge over a previous incident at Visawa hotel. When the appellant rushed at Manik with a knife, Manik's sister Shakuntala intervened, and the appellant stabbed her on the chest and leg, causing her death on the spot. The first informant lodged a report (Exh.16) at Miraj City Police Station, leading to investigation by police officers PW7 and PW8. The knife (Article 1) was recovered from the spot, and the postmortem (Exh.19) conducted by Dr. Sujata Joshi (PW6) confirmed stab injuries as the cause of death. The appellant appealed against the conviction through jail. The High Court, after hearing the appointed advocate for the appellant and the Additional Public Prosecutor for the State, found no merit in the appeal and dismissed it, upholding the conviction and sentence.

Headnote

A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction upheld - Appellant assaulted deceased with knife on chest and leg when she intervened in a quarrel between appellant and her brother - Medical evidence confirmed stab injuries caused death - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-4).

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Issue of Consideration

Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.

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Final Decision

Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.

Law Points

  • Murder
  • Section 302 IPC
  • Life imprisonment
  • Intent to cause death
  • Stab injuries
  • Intervention during quarrel
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Case Details

2010 LawText (BOM) (10) 90

Criminal Appeal No.213 of 2005

2010-10-04

D. D. Sinha, A. P. Bhangale

2010:BHC-AS:19587-DB

Mr. Abhaykumar Apte (appointed) for the appellant, Mr. H.J. Dedhia, A.P.P. for the State

Anil Chandrakant Londhe

The State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction for murder under Section 302 IPC.

Remedy Sought

Appellant sought acquittal from the conviction and sentence imposed by the Sessions Court.

Filing Reason

Appellant was convicted for murder and sentenced to life imprisonment; he appealed through jail.

Previous Decisions

Sessions Judge, Sangli convicted the appellant on 8.5.2001 in Sessions Case No.114 of 1999.

Issues

Whether the conviction under Section 302 IPC is sustainable on the evidence.

Submissions/Arguments

Appellant's advocate argued for acquittal; State supported the conviction.

Ratio Decidendi

The prosecution proved the case beyond reasonable doubt; the appellant intentionally caused the death of the deceased by stabbing her with a knife, and the medical evidence corroborated the ocular testimony.

Judgment Excerpts

Present Criminal Appeal is directed against the judgment and order dated 8.5.2001 passed by the Sessions Judge, Sangli in Sessions Case No.114 of 1999, whereby the learned Sessions Judge found the appellant/accused guilty of offence punishable under Section 302 of Indian Penal Code and sentenced him to suffer imprisonment for life and fine in the sum of Rs.500/ in default to suffer R.I. for three months.

Procedural History

The appellant was convicted by the Sessions Judge, Sangli on 8.5.2001 in Sessions Case No.114 of 1999. He appealed to the Bombay High Court through jail. The appeal was heard and dismissed on 4.10.2010.

Acts & Sections

  • Indian Penal Code, 1860: 302
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