Case Note & Summary
The case before the High Court of Judicature at Bombay, Nagpur Bench, arose out of a reference for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, 1973, and a criminal appeal against conviction. The prosecution case, as recorded by the trial court, was that on 30.07.2015, the two accused, Amir Ajaj Shaikh and Sachin Kundlik Raut, who were employed as air conditioner mechanics and known to the victim family, entered the house of Rupesh Bariya at Takiya Ward, Bhandara, with a common intention to commit robbery. Once inside, they attacked Rupesh’s wife, Priti, and their eight-year-old son, Bhavya, with a hammer. Priti sustained fatal injuries and was found lying in a pool of blood; Bhavya was also grievously injured. The accused ransacked the bedroom and stole cash, gold and silver ornaments, and other valuables. Rupesh returned home shortly after and discovered the scene. On a complaint, FIR No. 224 of 2015 was registered under Sections 307 and 452 read with 34 of the Indian Penal Code, later amended to include Section 302 upon Priti’s death. Investigation was taken over by the Local Crime Branch. The accused were already in custody in another case (Crime No. 223 of 2015) registered on the same day for an offence with a similar modus operandi. Their interrogations led to the recovery of the hammer, blood-stained clothes, cash of Rs. 1,73,000, and stolen jewellery. Fingerprint evidence from the scene, medical opinions confirming the hammer as the likely weapon, and DNA profiling further linked the accused to the crime. After completion of investigation, a charge-sheet was filed, and the case was committed to the Sessions Court at Bhandara as Sessions Trial No. 65 of 2015. On 30.06.2018, the learned Sessions Judge convicted both accused under Sections 302, 307, 397, 452, and 460 read with 34 of the Indian Penal Code. For the murder charge, the court awarded death sentence, directing that they be hanged by neck till dead. For the attempt to murder, life imprisonment and fine were imposed. For robbery and house trespass, varying terms of rigorous imprisonment and fines were ordered. Consequent to the death sentence, the trial court made a reference to the High Court for confirmation. The accused also filed Criminal Appeal No. 603 of 2018 challenging the conviction and sentence. Both the confirmation case and the appeal were heard together by a Division Bench comprising Justices P.N. Deshmukh and Pushpa V. Ganediwala. The State was represented by APP N.B. Jawade, while advocate O.W. Gupta appeared for the accused. The court reserved judgment on 30.08.2019 and pronounced it on 05.11.2019. The full text of the High Court’s reasoning and final order is not extracted in the provided excerpt, but the trial court’s findings and the proceedings up to the hearing are documented.
Headnote
A) Criminal Law - Murder - Section 302 IPC - The accused, in furtherance of common intention, committed murder of the housewife during robbery - The trial court convicted them and awarded death penalty, referring the matter to High Court for confirmation - Held by trial court that the death sentence was appropriate (Paras 1-2). B) Criminal Law - Attempt to Murder - Section 307 IPC - The accused also attempted to murder the minor son by inflicting head injuries - Conviction and life imprisonment imposed (Paras 1-2). C) Criminal Law - Robbery and House Trespass - Sections 397, 452, 460 IPC - The accused committed robbery and house trespass by night with preparation to cause hurt - Conviction and rigorous imprisonment for varying terms (Paras 2). D) Criminal Procedure - Confirmation of Death Sentence - Section 366 CrPC - A reference was made to the High Court as required under law for confirmation of death sentence (Paras 3).
Issue of Consideration
Propriety of death sentence and conviction of appellants under Sections 302, 307, 397, 452, 460 read with 34 IPC
Law Points
- murder
- attempt to murder
- robbery
- house trespass
- common intention
- death sentence confirmation
- Section 302 IPC
- Section 307 IPC
- Section 397 IPC
- Section 452 IPC
- Section 460 IPC
- Section 34 IPC
- Section 366 CrPC
