Case Note & Summary
The appellant, Nitin Vishnu Sadamat, was convicted by the trial court under Sections 302 and 307 of the Indian Penal Code, 1860 for the murder of Sandeep and for attempting to murder Ajay Gaikwad, Pramod, and the complainant. The incident occurred on 5th June 1999 at about 9:30 p.m. near Takre Samaj Temple, Ganeshnagar, Bopadi. The prosecution case was that the appellant, along with his brother (acquitted), attacked the victims following an altercation at a carrom house. The appellant inflicted a knife blow on Ajay Gaikwad, then stabbed the complainant in the stomach, stabbed Pramod in the chest, and finally inflicted stab wounds on Sandeep's chest, causing his death. The appellant and his brother fled. The trial court convicted the appellant and acquitted the brother. The appellant appealed against his conviction. The High Court examined the evidence of eyewitnesses, including injured witnesses PW5 (Pramod) and PW6 (Ajay Gaikwad), and the complainant PW10. The court found their testimony consistent and credible, corroborated by medical evidence. The court held that the prosecution had proved its case beyond reasonable doubt and that the conviction was justified. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on direct testimony of eyewitnesses and medical evidence - Appellant inflicted multiple stab wounds on the deceased and injured others - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-10). B) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Injuries caused to complainant and other witnesses - Appellant stabbed the complainant in the stomach and another witness in the chest - Held that the intention to cause death was evident from the nature of injuries (Paras 2-8). C) Evidence Law - Credibility of Witnesses - Testimony of injured witnesses and relatives - Minor contradictions do not discredit the prosecution case - Held that the evidence of eyewitnesses was consistent and reliable (Paras 5-9).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 307 of the Indian Penal Code, 1860 is sustainable on the basis of the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 307 IPC upheld.
Law Points
- Murder
- Attempt to murder
- Common intention
- Multiple stab wounds
- Dying declaration
- Medical evidence
- Credibility of witnesses
