Case Note & Summary
The case involves three appeals arising from a common charge-sheet where 28 accused were tried for offences under Sections 302, 307, 323, 147, 148 and 149 IPC. The trial court acquitted 22 accused on 26th April 2002 without discussion, and the State did not appeal that acquittal. On 29th April 2002, the remaining 6 accused (A-1 to A-5 and A-7) were convicted: A-1 and A-3 under Section 304 Part I IPC read with Section 34 IPC, while A-2, A-4, A-5 and A-7 were acquitted. The State appealed in Criminal Appeal No.1154 of 2002 against the conviction of A-1 and A-3 under Section 304 Part I IPC, seeking conviction under Section 302 IPC. In Criminal Appeal No.1176 of 2002, the State appealed against the acquittal of A-2, A-4, A-5 and A-7. The appellant in Criminal Appeal No.572 of 2002, A-1, challenged his conviction. The High Court heard all appeals together. The court noted the trial judge's unusual procedure of delivering two separate judgments on different dates. The State's appeals were dismissed as the court found no evidence of common intention to murder; the acts of A-1 and A-3 were individual and did not attract Section 302 IPC. The conviction under Section 304 Part I IPC was upheld. The appeal by A-1 was also dismissed.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 Part I IPC - Common Intention - The State appealed against conviction under Section 304 Part I IPC seeking upgrade to Section 302 IPC - The High Court held that the evidence did not establish common intention to murder, only individual acts causing death - Conviction under Section 304 Part I IPC was appropriate (Paras 1-6).
Issue of Consideration
Whether the conviction of Accused No.1 and Accused No.3 under Section 304 Part I IPC read with Section 34 IPC should be upgraded to Section 302 IPC for murder.
Final Decision
The High Court dismissed all three appeals. The conviction of A-1 and A-3 under Section 304 Part I IPC read with Section 34 IPC was upheld. The acquittal of A-2, A-4, A-5 and A-7 was also upheld.
Law Points
- Section 304 Part I IPC
- Section 34 IPC
- Section 302 IPC
- Common intention
- Culpable homicide not amounting to murder
Case Details
2019 LawText (BOM) (08) 91
Criminal Appeal No.572 of 2002, Criminal Appeal No.1154 of 2002, Criminal Appeal No.1176 of 2002
Pradeep Nandrajog, C.J., Smt. Bharati Dangre, J.
Mr. H. J. Dedhia, A.P.P. for the Appellant-State in Appeal No.1154 of 2002 and Appeal No.1176 of 2002; Mr. Tushar Rane i/b Mr. Ganesh Gole for the Appellant in Appeal No.572 of 2002; Mr. Dushyant Pagare for Respondent Nos.1 to 4 in Appeal No.1176 of 2002
Kathod Tukaram Thakur (in Appeal No.572/2002); The State of Maharashtra (in Appeal No.1154/2002 and 1176/2002)
The State of Maharashtra (in Appeal No.572/2002); Kathod Tukaram Thakur & Anr. (in Appeal No.1154/2002); Keshav Shankar Pawar & Ors. (in Appeal No.1176/2002)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case.
Remedy Sought
State sought upgrade of conviction from Section 304 Part I IPC to Section 302 IPC; accused sought acquittal.
Filing Reason
State aggrieved by conviction under Section 304 Part I IPC instead of Section 302 IPC; accused aggrieved by conviction.
Previous Decisions
Trial court convicted A-1 and A-3 under Section 304 Part I IPC read with Section 34 IPC; acquitted A-2, A-4, A-5, A-7 and 22 other accused.
Issues
Whether the conviction of Accused No.1 and Accused No.3 under Section 304 Part I IPC read with Section 34 IPC should be upgraded to Section 302 IPC.
Whether the acquittal of Accused No.2, No.4, No.5 and No.7 was proper.
Submissions/Arguments
State argued that the evidence warranted conviction under Section 302 IPC for murder.
Accused argued that the conviction under Section 304 Part I IPC was correct and sought acquittal.
Ratio Decidendi
The evidence did not establish common intention to murder; the acts of the accused were individual and did not attract Section 302 IPC. Conviction under Section 304 Part I IPC was appropriate.
Judgment Excerpts
At the outset, we must record our surprise at the manner in which the learned Trial Judge has proceeded to decide the fate of the Accused...
In this background, we note that in Appeal No.1154 of 2002, the State is aggrieved by the conviction of Accused No.1 and Accused No.3 for the offence punishable under Section 304 Part I IPC read with Section 34 IPC.
Procedural History
The trial court delivered two separate judgments: on 26th April 2002 acquitting 22 accused, and on 29th April 2002 convicting A-1 and A-3 under Section 304 Part I IPC and acquitting others. The State filed appeals against the conviction and acquittal, and A-1 filed an appeal against conviction. The High Court heard all appeals together and dismissed them on 28th August 2019.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 304 Part I, 307, 323, 147, 148, 149, 34
