Case Note & Summary
The Supreme Court dismissed the appeal filed by Rajesh alias Sarkari and Ajay Hooda against their conviction under Section 302 read with Section 34 IPC for the murder of Sandeep Hooda. The incident occurred on 26 December 2006 at Maharishi Dayanand University, Rohtak, where the deceased was shot by six assailants. The prosecution relied on the testimony of the complainant Azad Singh (PW4) and his son Sunil (PW5), who were eye witnesses. The court found their testimony credible and consistent with the medical evidence showing 13 gunshot injuries. The appellants argued that the witnesses were interested and that there were contradictions regarding who took the deceased to the hospital. However, the court held that minor discrepancies do not discredit the prosecution case. The conviction and life sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Conviction based on eye witness testimony - The appellants were convicted for murder of Sandeep Hooda based on testimony of father (PW4) and brother (PW5) who witnessed the shooting - Medical evidence corroborated multiple gunshot injuries - Held that conviction is sustainable as prosecution proved guilt beyond reasonable doubt (Paras 1-8).
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
The Supreme Court dismissed the appeal and upheld the conviction and life sentence of the appellants under Section 302 read with Section 34 IPC.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 154 CrPC
- Section 313 CrPC
- Eye witness testimony
- Medical evidence
- FSL report
- Disclosure statement
Case Details
2020 LawText (SC) (11) 26
Criminal Appeal No. 1648 of 2019
Dr. Dhananjaya Y. Chandrachud
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC read with Section 34 IPC.
Remedy Sought
Appellants sought acquittal from the Supreme Court against their conviction and life sentence.
Filing Reason
Appellants were convicted for murder of Sandeep Hooda based on eye witness testimony and medical evidence.
Previous Decisions
Sessions Court convicted the appellants; High Court confirmed the conviction; appeal to Supreme Court.
Issues
Whether the conviction under Section 302 read with Section 34 IPC is sustainable based on the evidence on record.
Submissions/Arguments
Appellants argued that the eye witnesses were interested and their testimony was unreliable due to contradictions regarding who took the deceased to the hospital.
Prosecution argued that the testimony of PW4 and PW5 was consistent and corroborated by medical evidence.
Ratio Decidendi
The conviction is sustainable as the prosecution proved guilt beyond reasonable doubt through consistent eye witness testimony corroborated by medical evidence.
Judgment Excerpts
The appellants Rajesh alias Sarkari and Ajay Hooda have been convicted, together with a co-accused for an offence under Section 302 read with Section 34 of the India Penal Code and have been sentenced to imprisonment for life.
The principal eye witnesses whose evidence was relied upon by the prosecution were the complainant (PW4- Azad Singh) and his son (PW5-Sunil).
Procedural History
FIR registered on 26 December 2006; investigation led to arrest of appellants; charges framed on 8 May 2008; trial concluded with conviction by Sessions Court; appeal to High Court dismissed; further appeal to Supreme Court dismissed.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34
- Code of Criminal Procedure, 1973 (CrPC): 154, 313
