Case Note & Summary
The appellant, Premchand Charde, was convicted by the Additional Sessions Judge, Nagpur, for the murder of Nandkishor Korde and for attempting to murder three others (Namdeo Korde, Vilas Charde, and Kunal Babhulkar) under Sections 302 and 307 of the Indian Penal Code, 1860. The incident occurred on 26 September 2013 at around 5:00 p.m. in front of a shop in Katol, Nagpur. The appellant, who had a prior dispute with the deceased's father over a property purchase, attacked the victims with a knife. The prosecution examined eyewitnesses including the injured victims (PW2, PW3, PW4) and medical evidence. The trial court sentenced the appellant to life imprisonment for murder and 7 years rigorous imprisonment for attempt to murder. The appellant appealed, challenging the credibility of the witnesses and the medical evidence. The High Court, after reviewing the evidence, found the eyewitness accounts consistent and corroborated by medical reports. The court noted that the injuries on the deceased were sufficient to cause death in the ordinary course of nature. The court dismissed the appeal, upholding the conviction and sentence. The court held that the prosecution had proved its case beyond reasonable doubt and that the trial court's findings were based on proper appreciation of evidence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - The appellant was convicted for murder of Nandkishor and attempt to murder of three others. The court upheld the conviction, finding the eyewitnesses credible and the medical evidence consistent with the prosecution case. (Paras 1-2) B) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Multiple victims - The appellant inflicted knife injuries on three persons, causing grievous hurt. The court held that the intention to cause death or such bodily injury as is likely to cause death was established. (Paras 2-4) C) Evidence Law - Eyewitness Testimony - Credibility - The court relied on the testimony of injured eyewitnesses (PW2, PW3, PW4) whose presence at the scene was natural and whose evidence was corroborated by medical reports. (Paras 5-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are upheld.
Law Points
- Murder
- Attempt to Murder
- Common Intention
- Eyewitness Testimony
- Medical Evidence
- Credibility of Witnesses
