Case Note & Summary
The case pertains to an incident that occurred on 23 October 1993, when the victim Prabhakar Sawant was driving his autorickshaw accompanied by PW-1 Chandrakant Govalkar, PW-2 Dhanaji Dhopate, and PW-5 Babu Patel. When they reached in front of Laxmi Hotel at Shivaji Nagar on Daftary Linking Road, Malad, a massive assault was committed upon the victim by three persons armed with a sword and choppers. The assailants thrashed the rooftop over the head of the autorickshaw driver and tore it apart, causing the autorickshaw to collide with an electric pole. The victim got out and started running away, but the assailants chased him and inflicted multiple injuries on his legs, hands, and head, causing him to fall down in front of Laxmi Hotel. Police Head Constable PW-3 Dinkar Bhimaji Rokde and Police Naik PW-8 Vasant Vithal Kale, who were on patrol duty nearby, arrived at the scene and apprehended the accused. The appellants, original accused No.1 Vilas @ Hari Om Tatoba Ghag and accused No.3 Dilip Ramchandra Suryavanshi, were convicted by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.1349 of 1995 for the offence punishable under Section 302 read with Section 34 IPC and sentenced to life imprisonment with fine. Accused No.2 Angad Malkhansingh Mahajit expired during the trial and the case against him was abated. The appellants challenged the conviction and sentence before the Bombay High Court. The court heard the respective counsel and examined the evidence. The court found that the prosecution had proved its case beyond reasonable doubt based on the testimony of eyewitnesses and medical evidence. The court dismissed both appeals and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34 IPC - The appellants were convicted for murder of the victim who was attacked by three persons armed with sword and choppers - The court held that the prosecution proved the case beyond reasonable doubt based on the testimony of eyewitnesses and medical evidence - The appeal was dismissed and the conviction and sentence were upheld (Paras 1-3).
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 appeals are dismissed. The conviction and sentence imposed upon the appellants by the learned Additional Sessions Judge, Greater Mumbai, in Sessions Case No.1349 of 1995 are upheld.
Law Points
- Section 302 IPC
- Section 34 IPC
- Common Intention
- Murder
- Life Imprisonment
- Appreciation of Evidence
- Credibility of Witnesses
