Case Note & Summary
The appellants, original accused nos. 1 to 5, were convicted by the Sessions Judge, Satara on 17/5/2010 in Sessions Case No. 38 of 2009 under Section 302 read with Section 149 IPC and under Sections 143, 147, 148 and 324 read with Section 149 IPC. The prosecution case was that the deceased Prakash had worked as a driver on a truck owned by accused no. 3 Dnyaneshwar, who did not pay his salary of Rs. 5000. On 17/09/2008 at about 10.00 pm, the accused persons came to Prakash's house, called him out, and took him near their house where a quarrel ensued. Accused no. 1 Dattatraya thrust a gupti into Prakash's chest, and the other accused also assaulted him, causing his death. The prosecution alleged that the accused formed an unlawful assembly with a common object to eliminate the deceased. The appellants challenged their conviction before the Bombay High Court. The court examined the evidence, noting that the prosecution witnesses turned hostile or gave inconsistent statements. The medical evidence did not corroborate the ocular testimony. The court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted of all charges.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Sections 302, 149, 143, 147, 148, 324 IPC - Conviction set aside - Appeal against conviction for murder - Prosecution case based on eye-witnesses - Witnesses turned hostile or gave inconsistent statements - Medical evidence not corroborating ocular evidence - Held that conviction cannot be sustained as prosecution failed to prove guilt beyond reasonable doubt (Paras 1-18).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 IPC and other sections is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed on the appellants by the Sessions Judge, Satara on 17/5/2010 in Sessions Case No. 38 of 2009 are set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Section 302 IPC
- Section 149 IPC
- Section 324 IPC
- Section 143 IPC
- Section 147 IPC
- Section 148 IPC
- Section 374(2) CrPC
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989
