Case Note & Summary
The case arises from a dispute between two families over drainage water flowing from a cement road. About six months prior to the incident, there was a quarrel between the deceased Vilas Gawande and accused no.1 Manoj Bagde. On the day of the incident, the deceased was returning home when accused no.1 and 2 assaulted him with sticks and axes, causing fatal injuries. The prosecution examined eyewitnesses including the complainant PW6 Anita Gawande (wife of deceased) and PW7 Shantabai (mother of deceased), who testified to the assault. The trial court convicted accused no.1 and 2 under Section 302 r/w 34 IPC and sentenced them to life imprisonment, while acquitting accused no.3 and 4. The convicted accused appealed against their conviction, and the State appealed against the acquittal of accused no.3 and 4. The High Court upheld the conviction of accused no.1 and 2, finding the eyewitness testimony credible and corroborated by medical evidence. Regarding the acquittal of accused no.3 and 4, the court held that there was no evidence of their participation in the assault or common intention, and mere presence at the scene was insufficient to convict. The State's appeal was dismissed.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 r/w 34 Indian Penal Code, 1860 - Conviction upheld where two accused persons assaulted deceased with sticks and axes on account of previous enmity over drainage dispute - Evidence of eyewitnesses found credible and corroborated by medical evidence - Held that the prosecution proved the case beyond reasonable doubt (Paras 1-20). B) Criminal Law - Acquittal Appeal - Appreciation of Evidence - Section 302 r/w 34 Indian Penal Code, 1860 - Acquittal of two accused persons upheld where there was no evidence of their participation in the assault or common intention - Mere presence at the scene not sufficient to convict - Held that the trial court's finding of acquittal was not perverse (Paras 21-30).
Issue of Consideration
Whether the conviction of accused no.1 and 2 under Section 302 r/w 34 IPC is sustainable, and whether the acquittal of accused no.3 and 4 is justified.
Final Decision
Criminal Appeal No.551 of 2017 is dismissed, upholding the conviction of Manoj Puran Bagde and Puran Sakharam Bagde. Criminal Appeal No.363 of 2018 is dismissed, upholding the acquittal of Sanjay Puran Bagde and Rajratna @ Nandu Puran Bagde.
Law Points
- Section 302 IPC
- Section 34 IPC
- Common intention
- Acquittal appeal
- Appreciation of evidence
