Case Note & Summary
The appellant, Krishna Balkrishna Thakur, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Pradeep, and sentenced to life imprisonment by the Additional Sessions Judge, Thane, in Sessions Case No.383 of 1991. The appellant was originally accused no.1, prosecuted along with three others for offences under Sections 302, 336, 427, 201, and 506 read with Section 34 IPC. The incident occurred on 5th April 1990 in village Usarni, Taluka Palghar, District Thane. The deceased, Pradeep, resided with his mother and two sisters, Mangala (P.W.2) and Sheela (P.W.3), who worked in a Diamond Company and a Slippers Company respectively. They used to leave for work by 6.15 a.m. and return by 8 p.m., walking 15-20 minutes from the S.T. bus stop to their house. The deceased would escort them from the bus stop every evening. On the fateful day, the deceased was accompanied by P.W.8 Manoj Patil. On the way, near the house of Narayan Pawar, the appellant along with three companions (accused nos.2 to 4) assaulted the deceased. The appellant struck the deceased with a sickle on the head, while the others gave fist and kick blows, causing the deceased to fall. The sisters arrived by bus and found their brother lying on the ground. The appellant was convicted and sentenced to life imprisonment. The appeal challenged the conviction on grounds of insufficient evidence and contradictions in testimony. The court examined the evidence of eyewitnesses P.W.2, P.W.3, and P.W.8, and found their testimony consistent and credible. The medical evidence corroborated the cause of death as head injury. The court held that the prosecution had proved its case beyond reasonable doubt, and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony - The appellant assaulted the deceased with a sickle on the head, causing death - The prosecution relied on eyewitnesses P.W.2, P.W.3, and P.W.8, whose testimony was found credible and corroborated by medical evidence - The court held that the conviction was proper and the appeal was dismissed (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Common Intention
- Section 34 IPC
- Eyewitness Testimony
- Medical Evidence
- Motive
- Circumstantial Evidence
