Case Note & Summary
The appeals arose from the judgment and order dated 27 January 2012 in Sessions Case No. 124/2010, by which the Additional Sessions Judge, Chandrapur, convicted appellant Vaibhav Tijare (A1) under Sections 302 (murder), 201 (causing disappearance of evidence) of the Indian Penal Code and Section 25(1)(a) of the Arms Act, and sentenced him to life imprisonment for murder and rigorous imprisonment for other offences. Appellant Vishal Matte (A2) was convicted under Section 201 read with Section 34 IPC and sentenced to five years rigorous imprisonment. The case of the prosecution was that the deceased Mangesh Yede, a first‑year BHMS student, went missing on 16 September 2010. His father PW1 filed a missing report after searching for him. On 17 September 2010, the dead body was found behind the Traffic Office, Chandrapur, with a firearm injury to the right eye and an exit wound on the occipital region. Investigation revealed that A1, the son of a police officer (PW12), had access to his father’s service pistol, which was used in the crime. A1 and the deceased were friends and were last seen together. The prosecution relied on circumstantial evidence including the recovery of incriminating articles at the instance of the accused, disclosure statements under Section 27 of the Evidence Act, and the testimony of witnesses. PW1, the father of the deceased, recounted the events from when his son went missing to the discovery of the body, noting A1’s suspicious behaviour. PW9, the autopsy doctor, confirmed the firearm injury and internal brain damage. The trial court convicted the appellants, and they appealed to the High Court, challenging the appreciation of evidence and the reliability of the prosecution case. The High Court heard the appeals and was in the process of evaluating the testimony of key witnesses when the judgment excerpt ended. The final decision of the High Court is not mentioned in the provided text.
Issue of Consideration
Whether the trial court erred in convicting the appellants under Sections 302, 201 read with 34 of the Indian Penal Code and Section 5 read with 25(1)(a) of the Arms Act based on circumstantial evidence
Law Points
- murder
- destruction of evidence
- common intention
- possession of firearm
- disclosure statement leading to recovery
Case Details
2012 LawText (BOM) (06) 88
Criminal Appeal No.57 of 2012 and Criminal Appeal No.58 of 2012
A.H. Joshi, Smt. Sadhana S. Jadhav
Mr. R.M. Daga for Appellant, Mr. R.S. Nayak, A.P.P. for Respondent
Vaibhav s/o Khushalrao Tijare, Vishal s/o Babanrao Matte
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Nature of Litigation
Criminal appeal against conviction under Sections 302, 201 IPC and Section 5 read with 25(1)(a) Arms Act
Remedy Sought
Appellants seek to set aside conviction and sentence awarded by Additional Sessions Judge, Chandrapur
Filing Reason
Aggrieved by the judgment and order of conviction dated 27.1.2012 in Sessions Case No.124/2010
Previous Decisions
Sessions Case No.124/2010 - Appellants convicted and sentenced by Additional Sessions Judge, Chandrapur on 27.1.2012
Judgment Excerpts
The case of the prosecution is as follows:- ... A1 and deceased were good friends and were known to each other for one month prior to 16.9.2010.
PW1 Diwakar Yede is the father of the deceased. He has deposed before the Court and narrated the chronology of events from 7.30 p.m. of 16.9.2010 to the afternoon hours of 17.9.2010. His testimony shows that he firstly visited the house of A1 at 8 p.m. on 16.9.2010, he was told by A1 that Mangesh had dropped him home at 4 p.m. and thereafter he had not heard of Mangesh.
PW9 Dr. Dharmashilakumari Anand is the Doctor who performed autopsy on the dead body of Mangesh. She has deposed before the Court that at the time of post mortem, she noticed following injuries:- (i) Single entry wound on right eye. Diameter was 4cm. There was a blackening around the injury. It is inverted. (ii) Single exit wound on right occipital region, round shaped and everted and size was 4cm.
Procedural History
On 17.9.2010, a missing report was filed by PW1 at Durgapur Police Station. The same day, the dead body of Mangesh was found, and Crime No.113/2010 was registered under Section 302 IPC against unknown person. Investigation led to the arrest of the accused and recovery of articles. Charge sheet was filed on 25.11.2010. The case was committed to the Court of Sessions and registered as Sessions Trial No.124/2010. Vide judgment dated 27.1.2012, the Additional Sessions Judge, Chandrapur convicted the appellants. The appellants preferred the present criminal appeals before the High Court.
Acts & Sections
- Indian Penal Code, 1860: 302, 201, 34
- Arms Act, 1959: 5, 25(1)(a)
- Indian Evidence Act, 1872: 27
