Case Note & Summary
The case involves five appellants who were convicted by the Special Judge under MCOC Act for the murder of a person. The prosecution case was that on the night of the incident, the appellants formed an unlawful assembly armed with weapons like swords and sticks, and attacked the deceased, causing his death. The trial court convicted them under Sections 302, 143, 147, 148 read with Section 149 IPC. The appellants appealed to the High Court challenging the conviction. The High Court, after hearing arguments and perusing the evidence, found that the eyewitnesses' testimonies were consistent and credible, and the recovery of weapons from the appellants further corroborated the prosecution case. The court held that the common intention of the unlawful assembly was clearly established, and the conviction was justified. The appeals were dismissed, and the appellants were directed to surrender to serve their sentences.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Intention - Sections 302, 143, 147, 148, 149 Indian Penal Code, 1860 - The appellants were convicted for murder of one person by an unlawful assembly armed with deadly weapons. The court held that the evidence of witnesses and recovery of weapons proved the common intention and unlawful assembly, and the conviction was upheld. (Paras 1-30)
B) Criminal Procedure - Appeal against Conviction - Appreciation of Evidence - The court examined the testimonies of eyewitnesses and the recovery of weapons, and found no reason to interfere with the trial court's findings. The appeals were dismissed. (Paras 1-30)
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 143, 147, 148 read with Section 149 IPC is sustainable based on the evidence of unlawful assembly and recovery of weapons.
Final Decision
All appeals are dismissed. The conviction and sentence of the appellants under Sections 302, 143, 147, 148 read with Section 149 IPC are upheld. The appellants are directed to surrender to serve their remaining sentences.
Law Points
- Murder
- Unlawful Assembly
- Common Intention
- MCOC Act
- Recovery of Weapons
- Circumstantial Evidence
Case Details
2019 LawText (BOM) (08) 181
Criminal Appeal No.228 of 2016, Criminal Appeal No.432 of 2016, Criminal Appeal No.38 of 2017, Criminal Appeal No.223 of 2016
Sunil B. Shukre, S.M. Modak
Shri R.M. Daga, Shri Jaltare, Shri S.S. Doifode, Shri Avinash Gupta, Shri Rakesh Tiwari, Shri M.N. Ali, Shri R.K. Tiwari
Saurabh @ Dabba s/o. Vilas Adlag, Sumit @ Sandy s/o. Ashok Bhasme, Rohit s/o. Sudesh Ramteke, Chandrashekhar @ Chandrya S/o. Arun Kawale, Ketan s/o. Ashok Shambharkar
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Nature of Litigation
Criminal appeals against conviction for murder and other offences under IPC.
Remedy Sought
Appellants sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
Appellants were convicted by the Special Judge under MCOC Act for murder and other offences.
Previous Decisions
Trial court convicted the appellants on 23/05/2016 in Special Criminal MCOC No.7/2013.
Issues
Whether the conviction under Sections 302, 143, 147, 148 read with Section 149 IPC is sustainable.
Whether the evidence of unlawful assembly and common intention is sufficient.
Submissions/Arguments
Appellants argued that the evidence was insufficient and the trial court erred in convicting them.
State argued that the prosecution proved the case beyond reasonable doubt through eyewitnesses and recovery of weapons.
Ratio Decidendi
The common intention of an unlawful assembly can be inferred from the conduct of the members and the recovery of weapons. The evidence of eyewitnesses, if credible, is sufficient to sustain a conviction for murder under Section 302 read with Section 149 IPC.
Judgment Excerpts
All these appeals are being disposed of by this common judgment as they arise out of the same judgment and order.
The judgment and order under challenge have been rendered in Special Criminal MCOC No.7/2013 on 23/05/2016.
Procedural History
The trial court convicted the appellants on 23/05/2016. The appellants filed separate appeals before the High Court, which were heard together and disposed of by this common judgment.
Acts & Sections
- Indian Penal Code, 1860: 302, 143, 147, 148, 149
- Maharashtra Control of Organised Crime Act, 1999:
