Case Note & Summary
The case involves two appeals arising from the same trial court judgment. Criminal Appeal No.877 of 2008 was filed by the original accused Suresh Shripal Chougule challenging his conviction under Sections 302 and 506 IPC for the murder of his brother Milind. Criminal Appeal No.1386 of 2008 was filed by the State challenging the acquittal of the co-accused Rekha (wife of Suresh) for offences under Sections 302, 323, 504, 506 read with Section 34 IPC. The prosecution case was that on the day of the incident, a quarrel broke out between the deceased Milind and accused Suresh over a petty issue. Accused Suresh allegedly dealt a fatal blow with a stick on Milind's head, while accused Rekha was present and allegedly instigated. The deceased succumbed to injuries. The trial court convicted Suresh relying on the dying declaration of the deceased and eyewitness testimony of sister Padmavati (PW-1). However, it acquitted Rekha for lack of evidence of common intention. The High Court, after hearing both sides, upheld the conviction of Suresh, finding the dying declaration credible and corroborated by medical evidence. It also upheld the acquittal of Rekha, noting that mere presence or subsequent acts do not establish common intention to murder. The court dismissed Suresh's appeal and dismissed the State's appeal against acquittal.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on dying declaration and eyewitness testimony - Accused No.1 inflicted fatal blow with a stick on deceased's head - Dying declaration found reliable and corroborated by medical evidence - Held that conviction is sustainable (Paras 1-35). B) Criminal Law - Common Intention - Section 34 IPC - Acquittal of co-accused wife - No evidence of prior concert or participation in the assault - Wife's presence and subsequent acts do not establish common intention to murder - Held that acquittal is proper (Paras 1-35).
Issue of Consideration
Whether the conviction of Accused No.1 under Section 302 IPC is sustainable and whether the acquittal of Accused No.2 under Section 302 r/w 34 IPC is justified.
Final Decision
Criminal Appeal No.877 of 2008 filed by Accused No.1 is dismissed. Criminal Appeal No.1386 of 2008 filed by the State is dismissed. The conviction of Accused No.1 and acquittal of Accused No.2 are upheld.
Law Points
- Murder
- Common Intention
- Section 302 IPC
- Section 34 IPC
- Acquittal
- Appeal against conviction
- Appeal against acquittal
