Case Note & Summary
The matter pertained to an appeal filed by five convicted accused challenging the judgment of the First Adhoc Additional Sessions Judge, Ahmednagar, dated 13 December 2002 in Sessions Case No. 141 of 2002. The accused were convicted for offences under Sections 143, 506, and 436 read with Section 34 of the Indian Penal Code, 1860, and sentenced to varying terms of rigorous imprisonment and fines. The prosecution case was that on the night of 23 July 2002, the accused, owing to a prior dispute, chased the complainant and her husband, set their thatched hut on fire, assaulted the parents-in-law, and issued threats. An FIR was registered at Shrigonda Police Station at 1:35 a.m. on 24 July 2002. The investigation led to the arrest of four accused, spot panchnama, recovery of evidence, and filing of charge-sheet. At trial, eight witnesses were examined and documents produced. The accused denied the charges and claimed false implication due to enmity. The trial court convicted them for unlawful assembly, criminal intimidation, and arson while acquitting them under Sections 323 and 504 IPC. The appeal assailed the conviction on grounds that the witnesses could not have identified the accused in darkness and that the case was fabricated. The appeal was being heard along with later applications filed by the complainant seeking intervention and other reliefs. The excerpt of the judgment does not contain the final decision or ratio of the court, as the reasoning portion had just begun with arguments of the appellant's counsel.
Issue of Consideration
CRIMINAL APPEAL NO.2 OF 2003
Law Points
- criminal trespass
- unlawful assembly
- arson
- criminal intimidation
- common intention
- evidentiary value of testimony in darkness
- enmity as ground for false implication
Case Details
2016 LawText (BOM) (06) 20
Criminal Appeal No. 2 of 2003
Mr. V.D. Hon, Senior Counsel i/b. Mr. A.V. Hon Advocate for Appellants, Mr. A.M. Phule, A.P.P. for Respondent, Mr. D.B. Rode Advocate for Respondent No.2 in connected applications, Mr. Babanrao N. Palve Advocate for Applicant in Crim. App. Nos. 2609 and 2610 of 2016
Sampat Arjun Dangde, Tulshiram Arjun Dangde, Vikram Tulshiram Dangde, Sakharam Tulshiram Dangde, Mangal Sampat Dangde
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Nature of Litigation
Criminal appeal against conviction for offences under IPC
Remedy Sought
Appellants sought acquittal and setting aside of conviction and sentence
Filing Reason
Aggrieved by conviction and sentence imposed by Sessions Court
Previous Decisions
Convicted by Additional Sessions Judge, Ahmednagar on 13-12-2002 for offences under Sections 143, 506, 436 read with 34 IPC and sentenced to imprisonment and fine
Issues
Whether the conviction under Sections 143, 506, 436 read with 34 IPC is sustainable on the evidence adduced, given the defence of enmity and alleged darkness
Submissions/Arguments
Appellants argued that there was admitted enmity between the parties and a prior FIR had been filed by the complainant on the same day
It was a dark night and witnesses could not have identified the accused
The defence was of total denial and false implication due to enmity
Judgment Excerpts
The Appellants – original accused Nos. 1 to 5 ... have been convicted in Sessions Case No.141 of 2002 by First Adhoc Additional Sessions Judge, Ahmednagar, on 13th December 2002 for offence punishable under Section 143 read with Section 34 of the Indian Penal Code, 1860 ... sentenced to suffer rigorous imprisonment for two months and fine of Rs.300/- each.
In the said fire, household articles, bags of grains, clothes, Rs.10,000/- and other articles got burnt.
Procedural History
FIR lodged on 24.07.2002 at Shrigonda Police Station, investigation by PSI Rajendra Padwal, accused arrested, spot panchnama prepared, charge-sheet filed, trial in Sessions Case No. 141/2002, conviction on 13.12.2002, appeal filed in High Court as Criminal Appeal No. 2 of 2003, connected applications filed in 2016 by complainant for intervention and other reliefs.
Acts & Sections
- Indian Penal Code, 1860: 143, 506, 436, 34, 323, 504
