Case Note & Summary
The appellant, Mustakim Ahmed Achhanali Mansoori, was convicted under Section 302 of the Indian Penal Code for the murder of an unknown person and sentenced to life imprisonment by the 11th Ad hoc Additional Sessions Judge, Sewree, Mumbai on 31 August 2007 in Sessions Case No.57 of 2007. The incident occurred on 25 October 2006 when P.W.5 Police Constable Chandrakant Khade, on bandobast duty, was informed by a boy about a quarrel in a lane. He reached the spot and found an injured person lying in the front seat of an auto-rickshaw. Bystanders pointed out the assailant running towards lane No.5. P.W.5 chased and apprehended the appellant, whose clothes were bloodstained and who was carrying a bloodstained knife. The appellant was taken to the police station and produced before P.S.I. Bhabal. The injured was taken to Rajawadi Hospital but succumbed to injuries. P.W.9 P.S.I. Shirsat recorded the statement of P.W.1 Mohammed Karim and registered an offence under Section 307 IPC, later converted to Section 302 IPC after death. Investigation revealed that the blood group of the deceased was 'O' while that of the appellant was 'AB'. The appellant challenged his conviction on the ground that the evidence was insufficient. The court held that the circumstantial evidence, including the prompt apprehension, recovery of the weapon, and medical evidence, formed a complete chain pointing to the appellant's guilt. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Section 302 Indian Penal Code, 1860 - Appeal against conviction for murder - Appellant was apprehended immediately after the incident with bloodstained clothes and a bloodstained knife - Deceased died due to stab injuries - Circumstantial evidence including prompt apprehension, recovery of weapon, and medical evidence held sufficient to prove guilt - Held that the chain of circumstances was complete and pointed to the guilt of the appellant (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable on the basis of circumstantial evidence.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Circumstantial evidence
- last seen theory
- prompt apprehension
- recovery of weapon
- motive
- Section 302 IPC
Case Details
2014 LawText (BOM) (01) 78
Criminal Appeal No.1153 of 2007
P.V. Hardas, A.S. Gadkari
Smt. N.S.K. Ayubi (for Appellant), Mr. H.J. Dedhia (Addl.P.P. for State)
Mustakim Ahmed Achhanali Mansoori
State of Maharashtra, Inspector of Police, Tilak Nagar Police Station
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from conviction and sentence.
Filing Reason
Appellant was convicted for murder and sentenced to life imprisonment; he challenged the correctness of his conviction and sentence.
Previous Decisions
The appellant was convicted by the 11th Ad hoc Additional Sessions Judge, Sewree, Mumbai on 31 August 2007 in Sessions Case No.57 of 2007.
Issues
Whether the conviction of the appellant under Section 302 IPC is sustainable on the basis of circumstantial evidence.
Submissions/Arguments
Appellant argued that the evidence was insufficient to prove guilt beyond reasonable doubt.
State argued that the circumstantial evidence, including prompt apprehension and recovery of weapon, established guilt.
Ratio Decidendi
The chain of circumstantial evidence, including the prompt apprehension of the accused with bloodstained clothes and a bloodstained knife, and the medical evidence linking the injuries to the weapon, is sufficient to sustain a conviction for murder under Section 302 IPC.
Judgment Excerpts
The Appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.1,000/- in default of which to undergo further rigorous imprisonment for three months, by the 11th Ad hoc Additional Sessions Judge, Sewree, Mumbai by a judgment dated 31 August 2007 in Sessions Case No.57 of 2007, by this Appeal questions the correctness of his convention and sentence.
P.W. 5 Police Constable Chandrakant Khade ... apprehended him. The clothes of the assailant / accused were stained with blood and he was carrying a knife which was also bloodstained.
Procedural History
The appellant was convicted by the 11th Ad hoc Additional Sessions Judge, Sewree, Mumbai on 31 August 2007 in Sessions Case No.57 of 2007. He filed Criminal Appeal No.1153 of 2007 before the Bombay High Court, which was heard and dismissed on 24 January 2014.
Acts & Sections
- Indian Penal Code, 1860: 302, 307
