Case Note & Summary
The case pertains to the murder of Dilip, who was stabbed to death by the appellants on 16.9.1985 at his residence in Vidhata Colony, Hadapsar, Pune. The prosecution case was that the appellants, along with two other accused (who were acquitted), came to the deceased's house to collect contribution for the Ganpati festival organized by Sunaram Mitra Mandal. A quarrel ensued over the contribution amount, and the appellants inflicted multiple stab wounds on Dilip with knives. Dilip succumbed to his injuries. The trial court convicted the appellants under Section 302 read with 34 IPC and Section 451 read with 34 IPC, sentencing them to life imprisonment and three years RI respectively. The appellants appealed against the conviction. The High Court examined the evidence of PW-3 (wife), PW-4 (mother), and PW-5 (father), who were eyewitnesses, and found their testimony consistent and credible. The medical evidence corroborated the number and nature of injuries. The court also considered the dying declaration of the deceased. The court held that the common intention of the appellants to cause death was clearly established as they both actively participated in the assault. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 IPC - Appellants convicted for murder of deceased Dilip by inflicting multiple stab wounds during a dispute over Ganpati festival contribution - Evidence of parents (PW-4 and PW-5) and wife (PW-3) found credible and corroborated by medical evidence and dying declaration - Held that common intention to cause death was established as both appellants actively participated in the assault (Paras 1-10). B) Criminal Law - House Trespass - Section 451 IPC - Appellants entered the deceased's residence to collect contribution and committed trespass - Held that the entry was unlawful and with intent to commit offence, thus conviction under Section 451 IPC confirmed (Paras 1-2). C) Evidence Law - Interested Witnesses - Credibility - Testimony of close relatives (parents and wife) of deceased - Court held that their evidence cannot be discarded merely on ground of relationship if it is consistent and corroborated by other evidence (Paras 5-8).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 451 read with 34 IPC is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellants under Sections 302 and 451 read with 34 IPC are confirmed.
Law Points
- Common intention under Section 34 IPC
- Murder under Section 302 IPC
- House trespass under Section 451 IPC
- Appreciation of evidence of interested witnesses
- Dying declaration
- Motive
