Case Note & Summary
The case arises from Sessions Trial No. 57 of 1986 before the Additional Sessions Judge, Thane, where the appellants were charged under various sections of the Indian Penal Code including 147, 148, 149, 452, 302, 324, 427, and 504. The trial court, after appreciation of evidence, convicted original accused No.2 (Bilal Ahammad Mohammed Ilias) and accused No.3 (Ijaj Ahammad Abdul Latif) under Section 304 Part II read with Section 34 IPC and sentenced them to two years' imprisonment. The appellants filed Criminal Appeal Nos. 523 and 496 of 1989 respectively challenging their conviction. The State also filed appeals (Criminal Appeal Nos. 579 and 580 of 1989) against the acquittal of other accused. During the pendency of the appeals, accused No.2 (Bilal) expired, and the court noted the need to adjourn for filing a death certificate. The High Court, after hearing the parties, upheld the conviction of the surviving appellant (Ijaj) and dismissed the appeals, finding no merit in the challenge to the trial court's findings.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part II read with Section 34 Indian Penal Code, 1860 - Conviction - The appellants were convicted for causing death with knowledge that it was likely to cause death, but without intention to cause death - The trial court's finding was based on the testimony of injured witnesses and medical evidence - The High Court upheld the conviction, finding no reason to interfere with the concurrent findings of fact (Paras 2-3).
Issue of Consideration
Whether the conviction of the appellants under Section 304 Part II read with Section 34 IPC is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeals filed by the accused (Cr.Appeal Nos.496 and 523 of 1989) and upheld their conviction under Section 304 Part II read with Section 34 IPC. The court also noted that accused No.2 had expired and the matter was adjourned for filing death certificate. The State appeals (Cr.Appeal Nos.579 and 580 of 1989) were also dismissed.
Law Points
- Culpable homicide not amounting to murder
- Section 304 Part II IPC
- Section 34 IPC
- Common intention
- Appreciation of evidence
- Conviction based on testimony of injured witnesses
Case Details
2005 LawText (BOM) (07) 61
Criminal Appeal No. 496 of 1989 with Criminal Appeal Nos. 523, 579 and 580 of 1989
V.G. Palshikar, R.C. Chavan
Mr. Ganesh Gole (for appellant in Cr.A.496/1989), Ms. S.V. Deshmukh (for appellant in Cr.A.523/1989), Mr. A.M. Shringarpure (APP for State in all appeals), Mrs. V.R. Raje for Mr. S.R. Chitnis, Sr. Adv. (for respondent Nos.3 and 4 in State appeals)
Ijaj Ahammad Abdul Latif (in Cr.Appeal No.496/1989), Bilal Ahammad Mohammed Ilias (in Cr.Appeal No.523/1989), The State of Maharashtra (in Cr.Appeal Nos.579 and 580/1989)
The State of Maharashtra (in Cr.Appeal Nos.496 and 523/1989), Anwar Ahmed Yunus Momin and 2 Ors (in Cr.Appeal Nos.579 and 580/1989)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case
Remedy Sought
Appellants (accused) sought acquittal; State sought conviction of acquitted accused
Filing Reason
Challenge to trial court's judgment convicting accused under Section 304 Part II IPC and acquitting others
Previous Decisions
Trial court convicted accused No.2 and 3 under Section 304 Part II read with Section 34 IPC and sentenced them to two years' imprisonment; acquitted other accused
Issues
Whether the conviction of the appellants under Section 304 Part II read with Section 34 IPC is sustainable on the basis of the evidence on record.
Submissions/Arguments
Appellants argued that the trial court erred in convicting them based on insufficient evidence.
State argued that the conviction was correct and sought enhancement or confirmation.
Ratio Decidendi
The court upheld the trial court's finding that the accused had caused death with knowledge that it was likely to cause death, but without intention to cause death, and that the evidence of injured witnesses was credible and sufficient to sustain the conviction under Section 304 Part II read with Section 34 IPC.
Judgment Excerpts
The learned trial Judge on appreciation of evidence came to the conclusion that accused No.2- Bilal Ahammad Mohammed Ilias and accused No.3- Ijaj Ahammad Abdul Latif are guilty under section 304 (II) read with section 34 of Indian Penal Code and sentenced them to suffer imprisonment for two years.
Procedural History
Sessions Trial No.57 of 1986 was initiated before the Additional Sessions Judge, Thane. The trial court convicted accused No.2 and 3 under Section 304 Part II read with Section 34 IPC and sentenced them to two years' imprisonment. Accused No.3 filed Criminal Appeal No.496 of 1989, accused No.2 filed Criminal Appeal No.523 of 1989, and the State filed Criminal Appeal Nos.579 and 580 of 1989 against acquittal of other accused. During pendency, accused No.2 expired. The High Court heard all appeals together and dismissed them.
Acts & Sections
- Indian Penal Code, 1860: 147, 148, 149, 452, 302, 324, 427, 504, 304 Part II, 34
