Case Note & Summary
The judgment pertains to two criminal appeals filed by convicted accused and a criminal application by the State seeking leave to appeal against acquittal. The appellants were convicted by the Additional Sessions Judge, Ahmednagar, in Sessions Case No.128 of 2010 for offences under Section 302 read with 34 IPC. The prosecution case was that on the date of incident, the accused persons formed an unlawful assembly and assaulted the deceased, resulting in his death. The trial court convicted accused Nos.1 and 2 (appellants in Criminal Appeal No.677 of 2012) and accused Nos.4 and 5 (appellants in Criminal Appeal No.82 of 2013), while acquitting the other accused. The State filed Criminal Application No.963 of 2013 seeking leave to appeal against the acquittal of accused Nos.2 to 12. The High Court, after hearing the parties, upheld the conviction of accused Nos.1 and 2, finding that the evidence clearly established their involvement in the murder. However, the court allowed the appeal of accused Nos.4 and 5, holding that the prosecution failed to prove their common intention beyond reasonable doubt. The court also dismissed the State's application for leave to appeal, finding no perversity in the trial court's decision to acquit the other accused. The court emphasized that the appellate court should not interfere with an acquittal unless the trial court's view is perverse or unreasonable. The judgment also noted that the SC/ST Act charges were not proved due to lack of credible evidence.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 IPC - Conviction upheld for accused who inflicted fatal injuries - Held that where specific overt acts are attributed and proved, conviction under Section 302 read with 34 IPC is sustainable (Paras 1-10). B) Criminal Law - Appeal against acquittal - Section 378 CrPC - State's appeal against acquittal dismissed - Held that unless the view taken by trial court is perverse or unreasonable, appellate court should not interfere with acquittal (Paras 11-15). C) Criminal Law - SC/ST Act - Acquittal - Lack of evidence - Held that in absence of credible evidence to prove offence under SC/ST Act, acquittal is proper (Paras 16-20).
Issue of Consideration
Whether the conviction of appellants under Section 302 read with 34 IPC is sustainable; whether the State's appeal against acquittal of other accused should be allowed.
Final Decision
Criminal Appeal No.677 of 2012 dismissed (conviction of accused Nos.1 and 2 upheld); Criminal Appeal No.82 of 2013 allowed (accused Nos.4 and 5 acquitted); Criminal Application No.963 of 2013 dismissed (leave to appeal against acquittal refused).
Law Points
- Murder
- Common Intention
- Acquittal
- Appeal against acquittal
- SC/ST Act
- Appreciation of evidence
- Section 302 IPC
- Section 34 IPC
- Section 378 CrPC
