Case Note & Summary
The appellant, Sachin Ramchandra Arwade, was convicted under Section 302 of the Indian Penal Code for the murder of Kunal, a fellow labourer. The incident occurred on 4th December 2010, when the appellant and the deceased, along with other labourers, were sleeping on a footpath near Khadaparsi Chowk, Byculla. The prosecution case was that the appellant hit Kunal on the head with a big stone, causing instantaneous death. The motive was that Kunal used to tease the appellant, leading to a quarrel. The trial court convicted the appellant and sentenced him to life imprisonment. The appellant appealed to the Bombay High Court. The High Court examined the evidence of eye-witnesses P.W.1 (Vijay Gupta) and P.W.3 (Rahul Patil), who testified that they saw the appellant standing near the deceased with a stone and abusing him. The medical evidence confirmed that the death was due to head injury. The court found the witnesses credible and their testimony consistent. The court also noted that the appellant had threatened the witnesses with a knife. The High Court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eye-witness testimony - The appellant was convicted for murdering Kunal by hitting him with a stone on the head. The prosecution relied on the testimony of P.W.1 and P.W.3, who were present at the scene. The court found their evidence credible and consistent with medical evidence showing death due to head injury. The appeal was dismissed, upholding the life sentence. (Paras 1-6)
B) Evidence Act - Credibility of Witnesses - Testimony of interested witnesses - The witnesses were fellow labourers and friends of the deceased, but their presence at the scene was natural. Their testimony was corroborated by medical evidence and the recovery of the stone. The court held that there was no reason to disbelieve them. (Paras 4-6)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for the murder of Kunal is sustainable based on the evidence of eye-witnesses and medical reports.
Final Decision
The appeal is dismissed. The conviction and sentence of life imprisonment under Section 302 IPC are confirmed.
Law Points
- Murder
- Section 302 IPC
- Circumstantial Evidence
- Eye-Witness Testimony
- Medical Evidence
- Motive
- Common Intention
Case Details
2014 LawText (BOM) (06) 62
Criminal Appeal No.626 of 2012
Smt. V.K. Tahilramani, A.S. Gadkari
Ms. Rohini Madhav Dandekar (for Appellant), Mrs. A.S. Pai (for Respondent)
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
Appellant sought acquittal from the conviction and life sentence imposed by the trial court.
Filing Reason
Appellant was convicted for murdering Kunal by hitting him with a stone on the head.
Previous Decisions
The trial court (Additional Sessions Judge, Greater Mumbai at Sewree) convicted the appellant under Section 302 IPC and sentenced him to life imprisonment on 29th March 2012.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence of eye-witnesses and medical reports.
Submissions/Arguments
Appellant argued that the evidence of eye-witnesses was not credible and that the prosecution failed to prove the case beyond reasonable doubt.
Respondent argued that the testimony of P.W.1 and P.W.3 was consistent and corroborated by medical evidence, and the conviction was justified.
Ratio Decidendi
The testimony of eye-witnesses, who were present at the scene and saw the appellant hitting the deceased with a stone, coupled with medical evidence showing death due to head injury, is sufficient to sustain a conviction under Section 302 IPC. The court found no reason to disbelieve the witnesses.
Judgment Excerpts
The Appellant /original accused has preferred this Appeal against the judgment and order dated 29th March 2012 passed by the Learned Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.284 of 2011.
The prosecution case briefly stated is as under : Deceased Kunal, P.W.1 – Vijay Gupta, P.W.3 – Rahul Patil, Bala, Ramesh and the Appellant were labourers.
On 4th December 2010, when they were sleeping, P.W.1 – Vijay heard a sound of big stone falling and he along with others woke up. They saw Kunal lying on the footpath, and blood was coming out from his mouth. One big stone was lying near the head of Kunal.
The postmortem report which is at Exhibit 13 shows that Kunal died due to head injury and it was an instantaneous death.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.284 of 2011 on 29th March 2012. He appealed to the Bombay High Court, which dismissed the appeal on 24th June 2014.
Acts & Sections
- Indian Penal Code, 1860: 302
