Case Note & Summary
The judgment concerns two criminal appeals filed by three accused persons convicted under Section 302 read with Section 34 IPC for the murder of Rajesh Vasantsing Pardeshi. The prosecution case was that on 11th February 2004, the deceased and the complainant Jakir Gafur Shaikh attended a funeral and were returning when accused No.2 called the deceased. An altercation ensued, and all four accused (one died during trial) assaulted the deceased with fists and kicks, causing fatal injuries. The trial court convicted the three surviving accused under Section 302/34 IPC and sentenced them to life imprisonment. The High Court, after examining the evidence including eyewitness accounts and medical reports, upheld the conviction, finding the prosecution case proved beyond reasonable doubt. The appeals were dismissed.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 IPC - The appellants were convicted for murder with common intention based on eyewitness testimony and medical evidence showing multiple injuries. The court held that the prosecution proved the case beyond reasonable doubt and the conviction was upheld. (Paras 1-2)
B) Criminal Procedure - Appeal against Conviction - Section 374(2) CrPC - The appeals were filed under Section 374(2) CrPC challenging the conviction and sentence. The court examined the evidence and found no reason to interfere. (Para 1)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Both criminal appeals are dismissed. The conviction and sentence of life imprisonment under Section 302 read with Section 34 IPC are upheld.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 323 IPC
- Section 374(2) CrPC
- Common Intention
- Eyewitness Testimony
- Medical Evidence
- Motive
Case Details
2011 LawText (BOM) (05) 38
Criminal Appeal No.169 of 2009 with Criminal Application No.543 of 2011 and Criminal Appeal No.251 of 2009
B. H. Marlapalle, A.M. Thipsay
Mr. V.T. Tulpule i/b. Mr. Harshad Bhadbhade with Mr. Rakesh Bhatakar and Mr. Sachin Chandan for the Appellants; Mr. H.J. Dedhia, APP for the Respondent
Dattatray Sakharam Khade (in Appeal 169/2009); Satish Pandharinath Dhole and Sunil Mohan Fasge (in Appeal 251/2009)
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Nature of Litigation
Criminal appeals against conviction and sentence for murder under Section 302 IPC.
Remedy Sought
Appellants sought acquittal or reduction of sentence.
Filing Reason
Appellants were convicted and sentenced to life imprisonment by the trial court.
Previous Decisions
Trial court convicted all three accused under Section 302/34 IPC and sentenced to life imprisonment; acquitted under Section 323/34 IPC.
Issues
Whether the conviction under Section 302/34 IPC is sustainable on the basis of the evidence.
Whether the sentence of life imprisonment is appropriate.
Submissions/Arguments
Appellants argued that the evidence was insufficient and the conviction was based on unreliable testimony.
Respondent argued that the prosecution proved the case beyond reasonable doubt through eyewitnesses and medical evidence.
Ratio Decidendi
The court held that the prosecution proved the case beyond reasonable doubt based on credible eyewitness testimony and medical evidence establishing the fatal injuries caused by the appellants with common intention.
Judgment Excerpts
Both these Appeals filed under Section 374(2) of Cr.P.C. arise from the order of conviction and sentence passed on 30th January, 2009 in Sessions Case No.171 of 2004 by the learned Additional Sessions Judge at Pune.
All the three accused have been found guilty for the offence punishable under Section 302 r/w. Section 34 of IPC and they have been acquitted for the offence punishable under Section 323 r/w. Section 34 of the IPC.
Procedural History
The trial court convicted the appellants on 30th January 2009. They filed appeals under Section 374(2) CrPC. The High Court heard the appeals and dismissed them on 5th and 6th May 2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 323, 34
- Code of Criminal Procedure, 1973 (CrPC): 374(2)
