Case Note & Summary
The appellants, Tukaram Jagannath Kokare and Tulshiram Jagannath Kokare, were convicted by the Additional Sessions Judge, Pandharpur in Sessions Case No.120 of 1999 for the murder of their brother Sopan under Section 302 read with Section 34 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs.1000/-. Aggrieved, they appealed to the Bombay High Court. The prosecution case was that the victim Sopan, at the behest of his brother Namdev, approached the appellants at their parents' house in Koprevasti to demand partition of inherited property. Irked by this request, Tulshiram struck Sopan on the head with a stick, causing bleeding. Both appellants then lifted Sopan and threw him on the ground, causing further injury. Sopan died at the scene. Namdev attempted to catch the fleeing appellants but failed, and later called Dr. Ranaware who declared Sopan dead. A complaint was lodged and the appellants were arrested. The trial court convicted them based on the testimony of eyewitnesses including the victim's wife, daughter, and brother Namdev, as well as medical evidence. The High Court, in appeal, examined the evidence and found that the eyewitness accounts were consistent and credible, and the medical evidence supported the cause of death as head injury. The court held that the common intention of the appellants to cause death was established by their concerted actions. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 read with Section 34, Indian Penal Code, 1860 - Appellants convicted for murder of their brother following a property dispute - Evidence of eyewitnesses including wife and daughter of victim, and brother Namdev, established that accused Tulshiram struck victim on head with stick and both accused lifted and threw him on ground causing fatal injuries - Medical evidence corroborated cause of death as head injury - Held that common intention was proved as both accused acted in concert to assault victim (Paras 2-5).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code for the murder of their brother is sustainable on the evidence adduced.
Final Decision
The appeal is dismissed. The conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code and the sentence of life imprisonment and fine of Rs.1000/- are upheld.
Law Points
- Murder
- Common Intention
- Section 302 IPC
- Section 34 IPC
- Life Imprisonment
- Property Dispute Motive
