Case Note & Summary
The case involves multiple appeals against conviction by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No. 400 of 2004. The appellants were convicted for offences including murder under Section 302 read with 149 IPC, attempt to murder under Section 307 read with 149 IPC, and other related offences. The prosecution alleged that on 25th March 2004, at about 9:30 p.m., the accused persons formed an unlawful assembly and attacked the complainant and his family members with deadly weapons, resulting in the death of one person and injuries to others. The trial court convicted the appellants based on the testimony of PW-1 (complainant) and PW-2 (injured witness), who claimed to be eye-witnesses. However, during trial, several witnesses turned hostile, and the evidence of PW-1 and PW-2 contained material inconsistencies and contradictions. The medical evidence did not fully support the ocular version. The High Court, after re-appreciating the evidence, found that the prosecution failed to prove the common object of the unlawful assembly and the specific overt acts of each accused. The court noted that the witnesses were interested and their testimony was unreliable. Consequently, the court allowed the appeals, set aside the conviction, and acquitted all appellants, giving them the benefit of doubt.
Headnote
A) Criminal Law - Murder - Unlawful Assembly - Common Object - Sections 302, 307, 324, 143, 147, 148, 149, 452, 427, 506(II) read with 34 Indian Penal Code, 1860 - Appellants convicted for murder and other offences - Prosecution case based on eye-witnesses - Witnesses turned hostile or gave inconsistent versions - No independent witness examined - Medical evidence not corroborating ocular evidence - Held that conviction cannot be sustained as prosecution failed to prove common object and participation of each accused beyond reasonable doubt (Paras 1-50). B) Criminal Law - Appreciation of Evidence - Hostile Witness - Indian Evidence Act, 1872 - Section 154 - Witnesses declared hostile - Their testimony cannot be relied upon to convict accused - Held that conviction based on hostile witnesses is unsafe (Paras 30-35). C) Criminal Law - Common Intention - Section 34 IPC - Not proved - No evidence of prior concert or meeting of minds - Held that Section 34 cannot be invoked in absence of common intention (Paras 40-45).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, 324, 143, 147, 148, 149, 452, 427, 506(II) read with 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeals allowed. Conviction set aside. Appellants acquitted of all charges. They are directed to be released forthwith unless required in any other case.
Law Points
- Common intention
- Unlawful assembly
- Common object
- Appreciation of evidence
- Inconsistencies in witness testimony
- Benefit of doubt
