Case Note & Summary
The appellants, Rajendra Dada Zargad and Pandharinath Dada Zargad, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No. 105 of 2009 for offences under Section 302 read with Section 149 IPC (murder) and Section 307 read with Section 149 IPC (attempt to murder). They were sentenced to life imprisonment and seven years rigorous imprisonment respectively. The prosecution case was that on 26th March 2009, at about 7:00 p.m., the appellants along with other accused formed an unlawful assembly and attacked the deceased Sonabai and her son Banaji (PW-1) with weapons like sticks and axes over a land dispute. Sonabai succumbed to her injuries, while Banaji sustained grievous injuries. The trial court convicted the appellants, and they appealed to the High Court. The High Court examined the evidence of eyewitnesses PW-1 Banaji and PW-2 Pandurang, medical evidence, motive, and the dying declaration of Sonabai. The court found the eyewitnesses credible and their testimony corroborated by medical evidence and the dying declaration. The motive of land dispute was established. The court held that the prosecution proved the common object of the unlawful assembly to cause death, and the appellants were active members. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Object - Sections 302, 307, 149 IPC - The appellants were convicted for murder of Sonabai and attempt to murder Banaji, arising from a land dispute. The court examined the evidence of eyewitnesses, medical evidence, and motive. Held that the prosecution proved the common object of the unlawful assembly to cause death, and the appellants were members of that assembly. The conviction was upheld. (Paras 1-31) B) Criminal Law - Appreciation of Evidence - Credibility of Witnesses - The court found the testimony of PW-1 Banaji (injured eyewitness) and PW-2 Pandurang (another eyewitness) to be credible, consistent, and corroborated by medical evidence. Minor contradictions were not material. Held that the witnesses were natural and their presence at the scene was established. (Paras 10-20) C) Criminal Law - Motive - Land Dispute - The prosecution established motive through evidence of prior litigation and enmity between the parties over agricultural land. Held that motive, though not essential, strengthens the prosecution case. (Paras 5-6) D) Criminal Law - Dying Declaration - The deceased Sonabai's dying declaration (Exh. 28) was recorded by a Special Executive Magistrate and proved through PW-5. The court found it voluntary and reliable, naming the appellants as assailants. Held that the dying declaration corroborates the eyewitness account. (Paras 21-25)
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 149 IPC and Section 307 read with Section 149 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentences imposed by the trial court are upheld.
Law Points
- Murder
- Attempt to Murder
- Unlawful Assembly
- Common Object
- Section 302 IPC
- Section 307 IPC
- Section 149 IPC
- Section 34 IPC
- Section 324 IPC
- Section 323 IPC
- Section 504 IPC
- Section 506 IPC
- Evidence Act
- Appreciation of Evidence
- Credibility of Witnesses
- Motive
- Land Dispute
- Dying Declaration
- Medical Evidence
- Circumstantial Evidence
