Case Note & Summary
The appellant, Bablu @ Mohammed Hasan Nawab Qureshi, was convicted by the Additional Sessions Judge, Greater Mumbai, on 20.09.1997 in Sessions Case No.1480/1994 for the murder of Idris Ansari under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 02.08.1994 at Byculla Fruit Market. On that day, at about 10:00 AM, Latif Qureshi (PW 3) asked the accused about his earnings, leading to a quarrel. The deceased Idris intervened, and the accused allegedly stabbed him with a knife. The prosecution examined several eyewitnesses, including Raes Qureshi (PW 5), Mehboom Qureshi (PW 4), and Mohamed Qureshi (PW 2), who testified to seeing the accused stab the deceased. The accused was arrested and a knife was recovered at his instance under Section 27 of the Evidence Act. The trial court convicted the accused. On appeal, the High Court considered the evidence and found that the prosecution had established motive, last seen, and recovery of the weapon. The court held that the chain of circumstances was complete and the conviction was sustainable. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Conviction based on motive, last seen, and recovery of weapon - The appellant was convicted for murder of Idris Ansari. The prosecution established motive through a quarrel over earnings, last seen evidence, and recovery of the knife at the instance of the accused. The court held that the chain of circumstances was complete and pointed to the guilt of the accused (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 IPC based on circumstantial evidence and eyewitness testimony is sustainable.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of life imprisonment under Section 302 IPC.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- recovery of weapon
- Section 302 IPC
- Section 27 Evidence Act
Case Details
2005 LawText (BOM) (02) 240
Criminal Appeal No.545 of 2000
Mr. M.Y. Sayani for the appellant, Mrs. U.V. Kejriwal, Addl. Public Prosecutor for the Respondent/State
Bablu @ Mohammed Hasan Nawab Qureshi
The State of Maharashtra, The Inspector of Police, Byculla Police Station, Mumbai
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought to quash and set aside the judgment and order of conviction and sentence passed by the Additional Sessions Judge, Greater Mumbai.
Filing Reason
Appellant was convicted for murder of Idris Ansari and sentenced to life imprisonment.
Previous Decisions
Trial court convicted the appellant on 20.09.1997 in Sessions Case No.1480/1994.
Issues
Whether the conviction under Section 302 IPC is sustainable on the basis of circumstantial evidence and eyewitness testimony.
Submissions/Arguments
Appellant argued that the evidence was insufficient and that the conviction should be set aside.
Respondent/State argued that the prosecution had proved its case beyond reasonable doubt through motive, last seen, and recovery of weapon.
Ratio Decidendi
The chain of circumstances including motive, last seen, and recovery of weapon at the instance of the accused was complete and pointed to the guilt of the accused. The conviction under Section 302 IPC was sustainable.
Judgment Excerpts
This is an Appeal filed by the appellant Bablu @ Mohammed Hasan Nawab Qureshi seeking to quash and set aside the Judgment and order passed by the Additional Sessions Judge, Sessions Court, Greater Mumbai on 20.09.1997 in Sessions Case No.1480/1994.
The brief facts of the prosecution case were as under :-
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Mumbai on 20.09.1997 in Sessions Case No.1480/1994 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the High Court of Bombay.
Acts & Sections
- Indian Penal Code, 1860: 302
- Indian Evidence Act, 1872: 27
