Case Note & Summary
The appellant, Mohd Sharif Mehboob Badshakhan, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.230 of 1999 for the offence punishable under Section 302 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs.1,000/-. He appealed against his conviction and sentence. The case arose from an incident on 22.11.1998 at 12:30 p.m. when the appellant, along with his brother Kalia Kasam (absconding accused No.3), Imambi (accused No.2), and Dilshad (accused No.4), came to the house of P.W.1 Gausbee Shaikh with weapons like a sword, chopper, and gupti, and started abusing and instigating the parents of P.W.1. Her brother Noor came out to pacify them, but was assaulted by the accused. The appellant, carrying a sword, inflicted blows on Noor, causing injuries that led to his death. P.W.1 and her mother P.W.2 took Noor to Meghwadi police station and then to Cooper Hospital, where he was declared dead on admission. The complaint of P.W.1 was recorded at the hospital. The trial court convicted the appellant based on the testimony of eyewitnesses P.W.1, P.W.2, and P.W.3, and medical evidence. The High Court, in appeal, examined the evidence and found the eyewitnesses credible and their testimony consistent. The medical evidence corroborated the injuries. The court dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - The appellant was convicted for murder of Noor by inflicting sword blows. The court examined the credibility of eyewitnesses P.W.1, P.W.2, and P.W.3, and found their testimony consistent and reliable, corroborated by medical evidence. The appeal was dismissed, upholding the conviction and life sentence. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Section 302 IPC are upheld.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Medical evidence
- Credibility of witnesses
- Motive
Case Details
2016 LawText (BOM) (02) 71
Criminal Appeal No.367 of 2009
Smt. V. K. Tahilramani, Acting C.J., Dr. Shalini Phansalkar-Joshi, J.
Mr. C. K. Talekar, for the Appellant; Mr. A. S. Shitole, APP for the Respondent-State
Mohd Sharif Mehboob Badshakhan
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Nature of Litigation
Criminal appeal against conviction for murder
Remedy Sought
Appellant sought to set aside his conviction and sentence for murder under Section 302 IPC
Filing Reason
Appellant was convicted by the trial court for murder and sentenced to life imprisonment
Previous Decisions
Trial court convicted the appellant on 31.01.2009 in Sessions Case No.230 of 1999
Issues
Whether the conviction of the appellant under Section 302 IPC is sustainable based on the evidence on record
Submissions/Arguments
Appellant argued that the conviction was based on unreliable evidence
Respondent-State supported the conviction based on eyewitness testimony and medical evidence
Ratio Decidendi
The court held that the testimony of eyewitnesses P.W.1, P.W.2, and P.W.3 was credible and consistent, and corroborated by medical evidence, establishing the guilt of the appellant beyond reasonable doubt.
Judgment Excerpts
The appellant, who stands convicted by the judgment and order dated 31.01.2009, of Additional Sessions Judge, Greater Bombay in Sessions Case No.230 of 1999, for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month, by this appeal challenges his conviction and sentence.
On 22.11.1998, in the afternoon at 12.30 p.m. while P.W.1 Gausbee Shaikh was chitchatting alongwith her mother, P.W.2 Fatimabee and her sister-in-law P.W.3 Tajbano, present appellant alongwith his brother Kalia Kasam - absconding accused No.3, Imambi-accused No.2 and one Dilshad -accused No.4, came to their house with weapons in their hands like sword, chopper and gupti and started abusing and instigating the parents of P.W.1 Gausbee.
Procedural History
The appellant was convicted by the Additional Sessions Judge, Greater Bombay on 31.01.2009 in Sessions Case No.230 of 1999 for murder under Section 302 IPC and sentenced to life imprisonment. He appealed to the High Court of Bombay against his conviction and sentence.
Acts & Sections
- Indian Penal Code, 1860: 302
