Case Note & Summary
The Supreme Court dismissed the appeal of Mustak @ Kanio Ahmed Shaikh against the judgment of the Gujarat High Court, which had affirmed his conviction under Section 307 read with Section 114 of the Indian Penal Code (IPC) and enhanced the sentence from six to seven years of rigorous imprisonment. The case arose from an incident on 3 December 2002, when the victim, Dr. Jaydeep Patel, was shot in the face while traveling in his car near Galaxy Cinema in Ahmedabad. The prosecution alleged that the appellant drove a motorcycle on which the first accused, Salim @ Salim Chaurala Yakubhai Patel, was the pillion rider who fired the pistol. The motive was linked to the communal riots following the Godhra incident in February 2002, as the victim was a prominent member of a religious community. The appellant was arrested on 31 December 2002, and a Test Identification Parade was held on 4 January 2003, where both the victim and the driver (complainant) identified him. The police recovered three pistols, including the one used, on the appellant's confession. The trial court convicted the appellant and the first accused, acquitting a third accused. The High Court upheld the conviction but enhanced the sentence. The Supreme Court examined the evidence, particularly the testimony of the injured eyewitness (PW-12) and the complainant (PW-8), who consistently identified the appellant. The Court found no reason to disbelieve the eyewitnesses, as their testimony was corroborated by medical evidence, recovery of the weapon, and the identification parade. The Court held that the sentence enhancement was justified given the gravity of the offence and the communal undertones. The appeal was dismissed, and the conviction and enhanced sentence were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 read with Section 114 IPC - Identification by Injured Eyewitness - The appellant was convicted for attempting to murder the victim by firing a pistol while riding a motorcycle, with the first accused as pillion rider. The injured victim and the driver (complainant) identified the appellant in the Test Identification Parade and in court. The Supreme Court held that the testimony of the injured eyewitness is reliable and sufficient to sustain conviction, especially when corroborated by recovery of weapons on the appellant's confession. (Paras 13-19) B) Criminal Procedure - Test Identification Parade - Evidentiary Value - The Test Identification Parade was conducted on 4.1.2003 for the appellant, and both the victim and complainant identified him. The Court held that the identification parade was properly conducted and the identification in court corroborated the same, leaving no doubt about the appellant's involvement. (Paras 14, 18-19) C) Evidence Act - Recovery of Weapon on Confession - Section 27 of the Evidence Act - The appellant led the police to recover three pistols from an open ground, including the one used in the crime. The Court held that such recovery is admissible under Section 27 of the Evidence Act and corroborates the prosecution case. (Para 8) D) Criminal Law - Motive - Communal Riots - The prosecution alleged that the victim was targeted due to his prominence in a religious community during the 2002 Gujarat riots. The Court accepted this as a plausible motive, though not essential for conviction when direct evidence is available. (Para 9)
Issue of Consideration
Whether the conviction of the appellant under Section 307 read with Section 114 IPC and other charges was sustainable based on the evidence of eyewitnesses and recovery of weapons.
Final Decision
The Supreme Court dismissed the appeal, upholding the conviction of the appellant under Section 307 read with Section 114 IPC and other charges, and affirmed the enhanced sentence of seven years rigorous imprisonment.
Law Points
- Identification by injured eyewitness
- recovery of weapon on confession
- Section 307 IPC
- Section 114 IPC
- Section 25(1)(B)(a) Arms Act
- Section 135(1) Bombay Police Act
- Test Identification Parade
- communal riots as motive
