Case Note & Summary
The judgment pertains to two criminal appeals filed by six accused persons challenging their conviction by the II Adhoc Additional Sessions Judge, Raigad in Sessions Case No.5 of 1999. The appellants in Criminal Appeal No.109 of 2003 (accused nos.2, 4, and 6) were convicted under Section 326 read with Section 149 IPC and sentenced to three years rigorous imprisonment. The appellants in Criminal Appeal No.110 of 2003 (accused nos.1, 3, and 5) were convicted under Section 302 read with Section 149 IPC and sentenced to imprisonment for life. The trial was common, and the impugned order was one, but the convictions differed. The court considered the evidence of eyewitnesses and medical reports to determine whether the common object of the unlawful assembly was to commit murder. The court found that the evidence established that the accused shared the common object to kill the deceased, and thus the conviction under Section 302 read with Section 149 IPC was upheld. The appeals were dismissed.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Object - Sections 302, 149, 326 Indian Penal Code, 1860 - The appellants were convicted for murder and causing grievous hurt with common object of an unlawful assembly - The court examined the evidence of eyewitnesses and medical reports to determine if the common object was to commit murder - Held that the evidence established that the accused shared the common object to kill the deceased, and thus the conviction under Section 302 read with Section 149 IPC was upheld (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 IPC and Section 326 read with Section 149 IPC is sustainable on the basis of evidence on record.
Final Decision
Both criminal appeals are dismissed. The conviction and sentence of the appellants are upheld.
Law Points
- Section 302 IPC
- Section 149 IPC
- Section 326 IPC
- Common object
- Unlawful assembly
- Constructive liability
Case Details
2006 LawText (BOM) (12) 49
Criminal Appeal No. 109 of 2003 and Criminal Appeal No. 110 of 2003
V.G. Palshikar, Smt. Nishita Mhatre
Shri A.P. Mundargi Sr. Adv. with Ganesh Gole for the appellants, Mrs. V.R. Bhosale APP for Respondent
Subhash Namdeo Patil, Parshuram Mahadeo Patil, Kamlakar Mahadeo Patil (in Cri.Appeal No.109/2003); Mahendra Ananta Patil, Ananta Mahadeo Patil, Tukaram Mahadeo Patil (in Cri.Appeal No.110/2003)
The State of Maharashtra & ors.
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Nature of Litigation
Criminal appeals against conviction for murder and causing grievous hurt
Remedy Sought
Appellants sought to set aside their conviction and sentence
Filing Reason
Appellants were convicted by the trial court under Sections 302 and 326 read with Section 149 IPC
Previous Decisions
Trial court convicted accused nos.1,3,5 under Section 302 read with 149 IPC to life imprisonment and accused nos.2,4,6 under Section 326 read with 149 IPC to three years RI
Issues
Whether the conviction under Section 302 read with Section 149 IPC is sustainable on the basis of evidence on record.
Whether the conviction under Section 326 read with Section 149 IPC is sustainable on the basis of evidence on record.
Submissions/Arguments
Appellants argued that the evidence did not establish common object to commit murder.
State argued that the evidence of eyewitnesses and medical reports proved common object.
Ratio Decidendi
The evidence of eyewitnesses and medical reports established that the accused shared the common object to kill the deceased, thus the conviction under Section 302 read with Section 149 IPC is sustainable.
Judgment Excerpts
By these appeals, the appellants/original accused have challenged their conviction by the II Adhoc Additional Sessions Judge, Raigad in Sessions Case No.5 of 1999, sentencing them on various offences.
Criminal Appeal No.109 of 2003 has filed by accused nos.2,4 and 6 who have been convicted under section 326 read with 149 IPC for three years imprisonment and others by lessor punishment.
Criminal Appeal No. 110 of 2003 has filed by accused nos. 1,3 and 5 who have been convicted by the learned trial Judge to suffer imprisonment for life under section 302 read with 149 of the I.P.C.
Procedural History
The trial court convicted the appellants in Sessions Case No.5 of 1999. The appellants filed two separate criminal appeals before the High Court challenging their conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860: 302, 149, 326
