Case Note & Summary
The appellants, Sadashiv Muttappa Aiwale and Mohan Kumar Hatale, were convicted by the Sessions Judge, Sangli, for the murder of Rafiq under Section 302 read with Section 34 of the Indian Penal Code. The incident occurred on 13th March 2000 at about 10:45 a.m. when the appellants approached a paan shop run by the complainant and demanded protection money. The victim, who was known to the appellants, intervened and requested them not to insist on payment. Enraged, appellant No.1 stabbed the victim in the abdomen, and appellant No.2 stabbed him two or three times with a knife. The victim staggered to a nearby turmeric factory, collapsed, and was taken to the hospital, where he succumbed to his injuries within two hours. The appellants fled the scene. A FIR was lodged by the complainant, and the appellants were arrested. The trial court convicted them, and they appealed to the High Court. The High Court, after hearing the appointed advocate for the appellants and the Additional Public Prosecutor, upheld the conviction, finding that the evidence of eyewitnesses, medical evidence, and recovery of weapons proved the guilt beyond reasonable doubt. The court held that the common intention to commit murder was clearly established by the concerted actions of both appellants.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34 Indian Penal Code, 1860 - The appellants were convicted for murdering the victim who intervened when they demanded protection money from a shopkeeper. The court held that the evidence of eyewitnesses, medical evidence, and the recovery of weapons established the guilt beyond reasonable doubt. The common intention to kill was inferred from the concerted action of both appellants in stabbing the victim. (Paras 2-3)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 of the Indian Penal Code for the murder of Rafiq is sustainable on the basis of the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellants under Section 302 read with Section 34 of the Indian Penal Code are upheld.
Law Points
- Murder
- Common intention
- Section 302 IPC
- Section 34 IPC
- Protection money
- Stabbing
- Dying declaration
- Circumstantial evidence
