Case Note & Summary
The appellant, Bhaskar Janu Khadme, was convicted by the learned Ad-Hoc Additional Sessions Judge, Raigad, for offences under Sections 302 and 324 of the Indian Penal Code, 1860, and sentenced to life imprisonment and one year rigorous imprisonment respectively. The incident occurred on 4 July 2003 at about 11:30 pm near Sarsai Road, Khadkichi Wadi, where the appellant allegedly assaulted Gangaram Kokre and Dhau Shingade with a weapon, resulting in Kokre's death and injuries to Shingade. The prosecution examined several witnesses, including PW-7 Dhau Shingade (the injured complainant) and PW-4, who claimed to have witnessed the incident. The trial court acquitted the co-accused, the appellant's mother, but convicted the appellant. On appeal, the High Court examined the evidence, noting that PW-7's testimony was consistent and corroborated by medical evidence showing injuries on the appellant and recovery of blood-stained clothes. The court found no reason to disbelieve the eyewitnesses and held that the prosecution had established the guilt beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - The appellant was convicted for murder of Gangaram Kokre and causing hurt to Dhau Shingade. The court upheld the conviction relying on the credible testimony of PW-7 (injured eyewitness) and PW-4 (another eyewitness), corroborated by medical evidence and recovery of blood-stained clothes. Held that the prosecution proved its case beyond reasonable doubt (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the trial court are upheld.
Law Points
- Murder
- Grievous Hurt
- Common Intention
- Eyewitness Testimony
- Medical Evidence
- Circumstantial Evidence
Case Details
2014 LawText (BOM) (04) 72
Criminal Appeal No. 445 of 2005
P. V. Hardas, A.S. Gadkari
Mr. Shrikant V. Gavand for Appellant, Mr. H.J. Dedhia, APP for Respondent No.1-State
The State of Maharashtra and Shri Dhau Badhu Shingade
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Nature of Litigation
Criminal appeal against conviction for murder and grievous hurt.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
Appellant challenged the correctness of the judgment and order dated 22 February 2005 passed by the learned Ad-Hoc Additional Sessions Judge, Raigad in Sessions Case No.239 of 2003.
Previous Decisions
Trial court convicted appellant under Sections 302 and 324 IPC and sentenced him to life imprisonment and one year RI respectively, with fine.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of eyewitnesses and medical evidence.
Whether the conviction under Section 324 IPC is sustainable.
Submissions/Arguments
Appellant argued that the evidence of eyewitnesses was unreliable and that the prosecution failed to prove the case beyond reasonable doubt.
Respondent-State argued that the testimony of PW-7 and PW-4 was credible and corroborated by medical evidence and recovery of blood-stained clothes.
Ratio Decidendi
The conviction for murder under Section 302 IPC can be sustained on the basis of credible eyewitness testimony, especially when corroborated by medical evidence and recovery of incriminating articles. The court found no reason to interfere with the trial court's findings.
Judgment Excerpts
The appellant-original accused no.1 by the present appeal has questioned the correctness of the judgment and order dated 22 February 2005 passed by the learned Ad-Hoc Additional Sessions Judge, Raigad in Sessions Case No.239 of 2003, thereby convicting him for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.1000/-...
Procedural History
The appellant was convicted by the Ad-Hoc Additional Sessions Judge, Raigad on 22 February 2005 in Sessions Case No.239 of 2003. He filed the present appeal before the Bombay High Court challenging the conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860: 302, 324, 34
