Case Note & Summary
The case arises from a political rivalry leading to the murder of Vasant Pandhre on 18 January 1998. The prosecution case was that the three accused, Madhukar Tayappa Hazare, Macchindra Tayappa Hazare, and Sanjay Atmaram Bhandare, alighted from an autorickshaw armed with choppers and a sickle, and assaulted the deceased and Shivaji Pandhre (PW1), an injured eyewitness. The deceased sustained fatal injuries on the occipital region and hands and legs, while PW1 suffered a cut injury on his right wrist. The trial court convicted accused Nos.1 and 2 under Section 302 read with Section 34 IPC and sentenced them to life imprisonment, and convicted accused No.3 under Section 324 IPC and sentenced him to two years' rigorous imprisonment. The State appealed for enhancement of sentence. The High Court, in appeal, examined the evidence of PW1, the injured eyewitness, and found his testimony credible and corroborated by medical evidence. The court held that the presence of PW1 at the scene was natural and his account of the incident was consistent. The court upheld the conviction of accused Nos.1 and 2 for murder, finding that they shared common intention to kill the deceased. However, regarding accused No.3, the court found that he only inflicted a blow on PW1's hand and there was no evidence of his common intention to murder the deceased. Therefore, the court maintained his conviction under Section 324 IPC but acquitted him of the murder charge. The State's appeal for enhancement was dismissed as the sentences were deemed adequate. The appeals by the accused were partly allowed to the extent of accused No.3's acquittal for murder, and the State's appeal was dismissed.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 Indian Penal Code, 1860 - Conviction based on injured eyewitness testimony - The court upheld the conviction of accused Nos.1 and 2 for murder under Section 302 read with Section 34 IPC, relying on the credible testimony of PW1, an injured eyewitness, corroborated by medical evidence showing fatal injuries on the occipital region. The court held that the presence of PW1 at the scene was natural and his testimony was reliable despite minor inconsistencies. (Paras 2-10) B) Criminal Law - Voluntarily Causing Hurt by Dangerous Weapons - Section 324 Indian Penal Code, 1860 - Acquittal of murder charge for accused No.3 - The court maintained the conviction of accused No.3 under Section 324 IPC for causing hurt with a sickle to PW1, but acquitted him of murder under Section 302 IPC as there was no evidence of common intention to kill the deceased. The court held that the injury inflicted by accused No.3 was on PW1's hand, not on a vital part, and thus did not attract murder liability. (Paras 2-10) C) Criminal Law - Appeal against Conviction - Appreciation of Evidence - Injured Eyewitness - The court held that the testimony of an injured eyewitness is entitled to great weight and can be relied upon without corroboration if it is natural and consistent. Minor discrepancies do not discredit such testimony. (Paras 2-10)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC and Section 324 IPC is sustainable based on the evidence of the injured eyewitness and medical evidence.
Final Decision
The High Court partly allowed the appeals of the accused. It upheld the conviction of accused Nos.1 and 2 (Madhukar Tayappa Hazare and Macchindra Tayappa Hazare) under Section 302 read with Section 34 IPC and their sentence of life imprisonment. It acquitted accused No.3 (Sanjay Atmaram Bhandare) of the charge under Section 302 read with Section 34 IPC but maintained his conviction under Section 324 IPC and the sentence of two years' rigorous imprisonment. The State's appeal for enhancement was dismissed.
Law Points
- Common intention under Section 34 IPC
- conviction under Section 302 IPC for murder
- conviction under Section 324 IPC for voluntarily causing hurt by dangerous weapons
- appreciation of evidence of injured eyewitness
- medical evidence corroboration
