Case Note & Summary
The appellant, Mohammed Irshad Kamal Hasan Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No.700 of 2003 for offences punishable under Sections 333 and 302 of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for three years and a fine of Rs.1,000/- for the offence under Section 333 IPC, and imprisonment for life and a fine of Rs.5,000/- for the offence under Section 302 IPC. The appellant challenged his conviction and sentence before the Bombay High Court. The facts of the case are that on 29th August 2002, at about 12:55 am, PW-1 PSI Jayendra Sawant received secret information that thieves who had stolen a vehicle were present at Sai Leela Hotel in Ghatkopar. He proceeded to the hotel along with other police officers including PW-4 Head Constable Rajendra Ghadge, PW-2 Police Naik Subhash Panigrahi, PW-3 Police Constable Vijay Mahagaonkar, and the deceased Police Constable Shrikrishna Pednekar who was driving the mobile van. Upon arrival, they saw two persons climbing down the staircase. PW-1 showed his identity card and informed them of the raid, but the two persons manhandled the police and tried to flee. The appellant was caught by PW-1, PW-2, and PW-4. In an attempt to escape, the appellant bit the hands of PW-4 and PW-1 and pushed PW-2. When PW-1 caught the appellant from behind, the appellant removed a pistol from his waist and fired three rounds towards Driver Pednekar, who had rushed towards them. Two bullets hit Pednekar, one on the chest and one on the hand, causing his death. The appellant was apprehended. The trial court convicted the appellant based on the testimony of eyewitnesses (PW-1, PW-2, PW-3, PW-4) and medical evidence. The High Court, after re-appreciating the evidence, found that the prosecution had proved its case beyond reasonable doubt. The court noted that the witnesses were police officers performing their duty and there was no reason for them to falsely implicate the appellant. The medical evidence corroborated the firing and injuries. The court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Murder of Police Driver - Section 302 IPC - Conviction - Appeal against conviction for murder of police driver by firing pistol - Court held that the prosecution proved its case beyond reasonable doubt through consistent testimony of eyewitnesses (police officers) and medical evidence - Appeal dismissed (Paras 1-13). B) Criminal Law - Assault on Police Officers - Section 333 IPC - Voluntarily causing grievous hurt to deter public servant from duty - Appellant bit police officers and fired pistol - Court held that the evidence of PW-1, PW-2, PW-4 established the assault - Conviction upheld (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 333 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 302 and 333 IPC upheld.
Law Points
- Murder of police officer
- Assault on police officers
- Common intention
- Appreciation of evidence
- Credibility of police witnesses
- Medical evidence corroboration
