Case Note & Summary
The appellant, Sahadat Hussain Rahimat Hussain @ Kaloo Kanduri, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Sections 396, 449, 324, and 302 of the Indian Penal Code (IPC) in connection with a dacoity and murder that occurred on 6 November 1996. The prosecution case was that the appellant, along with three other accused, robbed a ready-made garments shop named 'Terror Fashion' at Mazgaon T.T., owned by PW1 Shantilal Jain @ Shah. During the robbery, the appellant wielded a revolver, fired at PW1's thigh, and later shot and killed PW1's son Ajit when he chased and caught hold of the appellant. The appellant was apprehended at the spot by the public and police, and the revolver was recovered. The trial court acquitted accused nos. 2 and 4, while accused no. 3 died during trial. The appellant appealed against his conviction. The High Court examined the evidence of eyewitnesses PW1, PW2, and PW3, who consistently narrated the incident. The medical evidence confirmed the cause of death as gunshot wounds. The recovery of the revolver from the appellant and the chemical analysis reports corroborated the prosecution's case. The court found no reason to disbelieve the eyewitnesses and held that the conviction was based on solid evidence. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Dacoity with Murder - Section 396 IPC - Conviction based on eyewitness testimony and recovery of weapon - The appellant was part of a group that committed dacoity and murder; the court upheld conviction as the evidence of PW1, PW2, and PW3 was consistent and credible, and the revolver used was recovered from the appellant. (Paras 1-4) B) Criminal Law - Murder - Section 302 IPC - Fatal shots fired during chase - The appellant fired two bullets at the deceased who caught him, causing death; the court held that the intention to cause death was established. (Paras 2-4) C) Criminal Law - House Trespass - Section 449 IPC - Committing dacoity after preparation for hurt - The appellant entered the shop with others to commit robbery, which constitutes house trespass. (Paras 1-2) D) Criminal Law - Voluntarily Causing Hurt - Section 324 IPC - Shooting at complainant - The appellant fired at PW1's thigh, causing injury. (Paras 2-3)
Issue of Consideration
Whether the conviction of the appellant under Sections 396, 449, 324, and 302 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The order of conviction and sentence passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case Nos. 504 of 1997 and 579 of 1997 is upheld.
Law Points
- Section 374(2) CrPC
- Section 396 IPC
- Section 449 IPC
- Section 324 IPC
- Section 302 IPC
- Dacoity with Murder
- House Trespass
- Voluntarily Causing Hurt
- Murder
- Common Intention
- Appreciation of Evidence
- Eyewitness Testimony
- Recovery of Weapon
- Medical Evidence
