Case Note & Summary
The appeals arose from the judgment of the Additional Sessions Judge-4, Aurangabad in Sessions Case No. 307/2009. The trial court convicted the appellants in Criminal Appeal No. 19/2011 under Sections 304-II, 201, and 307 of the Indian Penal Code, 1860, and sentenced them to varying terms of imprisonment. The complainant filed Criminal Appeals No. 95/2011 and 97/2011 challenging the acquittal of some accused and seeking their conviction under Section 302 IPC instead of Section 304-II. The State also filed Criminal Appeal No. 318/2011 against the entire verdict. The incident occurred on 22 March 2009, when a quarrel broke out between the parties. The prosecution alleged that the accused, armed with a gupti and hockey stick, assaulted the complainant's party, resulting in the death of Shaikh Nazir and injuries to others. The accused claimed they acted in self-defence, stating that the complainant's side attacked them first, and the deceased was injured when the accused defended himself with a knife that fell from the attacker. The trial court found the incident to be a free fight and convicted three accused, while acquitting two. In the High Court, the accused argued that the prosecution suppressed the genesis of the incident and failed to explain injuries on the accused, probabilising the defence of private defence. The State and complainant sought enhancement of the charges to murder. The High Court reserved judgment on 27 August 2012 and pronounced it on 20 October 2012, but the provided text does not include the High Court's final decision.
Issue of Consideration
Whether the conviction under Section 304-II IPC and other charges was justified, and whether the accused acted in self-defence, considering suppression of genesis and unexplained injuries on the accused
Case Details
2012 LawText (BOM) (10) 28
Criminal Appeal No. 19 of 2011 along with Criminal Appeal Nos. 95, 97 and 318 of 2011
Shri N.S. Ghanekar for appellants in Cr.A.19/2011, Shri S.D. Kaldate, A.P.P. for respondent State, Shri Sandeep Ladda for appellant in Cr.A.95/2011 & 97/2011
1. Shaikh Amjad Sk. Asad, 2. Shaikh Asad Shaikh Lal, 3. Javedkhan Ajamkhan
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Nature of Litigation
Criminal appeals against conviction and sentence, and cross-appeals for enhancement of charges and reversal of acquittals.
Remedy Sought
Appellants in Criminal Appeal No. 19/2011 sought acquittal; complainant sought conviction under Section 302 IPC instead of 304-II and reversal of acquittals; State sought complete reversal of trial court verdict.
Filing Reason
Dissatisfaction with the judgment dated 31.12.2010 of Additional Sessions Judge-4, Aurangabad in Sessions Case No. 307/2009.
Previous Decisions
Vide judgment dated 31.12.2010, the trial court convicted three accused under Sections 304-II, 307, and 201 IPC, and acquitted two accused of all charges including murder and unlawful assembly.
Issues
Whether the conviction under Section 304-II IPC is sustainable when the accused claim private defence and prosecution failed to explain injuries on the accused.
Whether the trial court erred in convicting accused under Section 304-II instead of Section 302 IPC.
Whether the acquitted accused were liable under Sections 143, 147, 148, 120B, 302/149, etc.
Whether the prosecution suppressed the genesis of the incident.
Submissions/Arguments
Appellants' counsel argued that prosecution suppressed the genesis and all witnesses failed to explain injuries sustained by the accused, probabilising the defence of private defence, supported by testimonies of D.W.1 Amjad and D.W.2 Zarina.
State and complainant sought enhancement of charges to Section 302 IPC and reversal of acquittals, contending that the accused were the aggressors armed with weapons.
Judgment Excerpts
According to the complainant, Shaikh Feroz, he and his brothers intervened to pacify accused No.1 Shaikh Amjad...
Learned trial Court viewed the incident as a free fight between the parties...
The accused No.1 Amjad... had given a blow with that knife on the right side of the stomach of the deceased Nazir to defend himself...
Procedural History
Crime No. I-55/2009 registered on 22.10.2009 at Begumpura Police Station under Sections 307, 324, 325, 504 read with 34 IPC. Charge-sheet filed. Case committed to Sessions Court. Trial conducted in Sessions Case No. 307/2009. Judgment delivered on 31.12.2010, convicting three accused and acquitting two. Appeals filed before High Court.
Acts & Sections
- Indian Penal Code, 1860: 304-II, 307, 201, 324, 325, 504, 34, 143, 147, 148, 120B, 302, 149
