Case Note & Summary
The case involves two criminal appeals arising from the trial court's judgment in Sessions Case No.11 of 2016. The prosecution alleged that on 3.11.2015, in village Kutasa, District Akola, accused Manoj Bagde, Puran Bagde, Sanjay Bagde, and Rajratna @ Nandu Bagde assaulted Vilas Gawande with axes due to a prior neighbor dispute, causing his death. The wife of the deceased, PW6 Anita, witnessed the assault and lodged a report. The trial court convicted Manoj and Puran under Section 302 read with Section 34 IPC, sentencing them to life imprisonment and fine, while acquitting Sanjay and Rajratna. Aggrieved, Manoj and Puran filed Criminal Appeal No.551 of 2017 challenging their conviction, and the State filed Criminal Appeal No.363 of 2018 against the acquittal of the other two. The High Court heard arguments on 9.1.2019. Counsel for the accused argued that since the eye-witness evidence implicated all four accused equally, the inconsistent verdict of acquitting two and convicting two was unsustainable, and the State's appeal against acquittal should be dismissed. The decision was reserved and pronounced on 5.2.2019. The provided text does not include the court's analysis or final decision.
Issue of Consideration
Whether the conviction of Accused Nos. 1 and 2 under Section 302 read with Section 34 IPC can be sustained when the trial court acquitted Accused Nos. 3 and 4 on the same evidence; and whether the State's appeal against the acquittal ought to be allowed
Law Points
- Principle that when co-accused are acquitted on same evidence
- convicted accused may be entitled to benefit of doubt
- reliance on precedent Kailas Namdeo Patil and Others vs. State of Maharashtra
- 2017 ALLMR (Cri) 462
Case Details
2019 LawText (BOM) (02) 118
Criminal Appeal No.551 of 2017 along with Criminal Appeal No.363 of 2018
P.N. Deshmukh and Rohit B. Deo, JJ.
Mr. Amit Kukday, Mrs. K.S. Joshi
Manoj Puran Bagde and Puran Sakharam Bagde (in Criminal Appeal No.551 of 2017); The State of Maharashtra (in Criminal Appeal No.363 of 2018)
The State of Maharashtra (in Criminal Appeal No.551 of 2017); Sanjay Puran Bagde and Rajratna @ Nandu Puran Bagde (in Criminal Appeal No.363 of 2018)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case
Remedy Sought
Appellants in Cr.A.551/2017 seek setting aside of conviction under Section 302 IPC; State in Cr.A.363/2018 seeks setting aside of acquittal of two accused
Filing Reason
Conviction of accused nos.1 & 2 and acquittal of accused nos.3 & 4 in Sessions Case No.11 of 2016 by the Additional Sessions Judge, Akot
Previous Decisions
The trial court convicted accused nos. 1 & 2 for murder and acquitted accused nos. 3 & 4, by judgment dated 14.9.2017
Issues
Whether the conviction of accused nos. 1 and 2 under Section 302 read with Section 34 IPC is sustainable
Whether the acquittal of accused nos. 3 and 4 is justified on the same evidence
Whether the State's appeal against acquittal should be allowed
Submissions/Arguments
Accused-appellants argued that since the prosecution's eye-witnesses implicated all four accused, the trial court's acquittal of two accused undermines the conviction; they relied on Kailas Namdeo Patil and Others vs. State of Maharashtra reported in 2017 ALLMR (Cri) 462.
Judgment Excerpts
PWAnita went nearby the spot and found accused no.1 Manoj and accused no.2 Puran (appellants in Criminal Appeal No.551 of 2017) assaulting deceased by axe; while accused no.3 Sanjay and accused no.4 Rajratna @ Nandu (respondents in connected Criminal Appeal No.363 of 2018) had caught hold of her husband.
In pursuance to same, he led Investigating Officer and panchas to Bordi nala situated on Kutasa to Dahihanda road in police vehicle and after alighting from the same, went in the nearby field having cotton crop and discovered axe from the boundary of field having blood stains, which is seized under Seizure Panchanama (Exh.42) marked as Article 'E'.
Procedural History
Sessions Case No.11 of 2016 decided by Additional Sessions Judge, Akot on 14.9.2017 convicting accused 1 & 2 and acquitting accused 3 & 4. Both convicted accused and State filed appeals. The High Court heard arguments and reserved judgment on 9.1.2019, pronounced on 5.2.2019.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
