Case Note & Summary
The case involves two criminal appeals and a reference arising from a judgment of the Additional Sessions Judge, Kolhapur, dated 12 August 1993. The appellants, Pandurang Babu Konkeri, Laxman Babu Konkeri, Bhima Sidda Mang (in Criminal Appeal No.472 of 1993) and Maruti Rayappa Dhangar (in Criminal Appeal No.502 of 1993), were convicted for offences punishable under Sections 302 and 307 read with 34 of the Indian Penal Code. The appellants were sentenced to imprisonment for life and to pay a fine of Rs.500/- each, with default sentences, for the murder of Birappa, and rigorous imprisonment for three years with a fine of Rs.500/- each for attempting to murder Rama. The trial court made a reference under Section 318 of the Code of Criminal Procedure, 1973 for passing sentence against original accused No.1 (Maruti Rayappa Dhangar) as he was not sentenced. The facts, as per the prosecution, are that on 26 September 1988, P.W.4 Head Constable Parashu Devudkar was informed by the Deputy Sarpanch and Nagu Konkeri about a likelihood of an untoward incident. He proceeded to village Jarali and noticed accused Nos.1 and 2 coming by road, appearing frightened. They were taken into custody. He then went to the field of Rayappa and found two persons with hands and legs tied. One person, Rama (P.W.1), was injured, and another, Birappa, was dead. The injured Rama was untied and sent to the hospital. The next day, the scene of incident was pointed out. P.W.7 P.S.I. Shivprasad Galimath proceeded to the hospital and recorded the statement of the injured after being informed by the Medical Officer that he was fit to give a statement. The appeals challenge the conviction and sentence. The court, after considering the evidence, upheld the conviction, finding that the circumstantial evidence, including motive and last seen evidence, was sufficient to prove the guilt of the appellants beyond reasonable doubt.
Headnote
A) Criminal Law - Murder and Attempt to Murder - Sections 302, 307, 34 Indian Penal Code, 1860 - Circumstantial Evidence - Appellants convicted for murder of Birappa and attempt to murder Rama based on motive, last seen evidence, and recovery of weapons - Court held that the chain of circumstances was complete and pointed to the guilt of the appellants - Conviction upheld (Paras 2-3).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 307 read with 34 IPC is sustainable based on circumstantial evidence and motive.
Final Decision
The appeals are dismissed and the conviction and sentence are upheld. The reference under Section 318 CrPC is disposed of accordingly.
Law Points
- Circumstantial evidence
- motive
- last seen theory
- Section 302 IPC
- Section 307 IPC
- Section 34 IPC
- Section 318 CrPC
