Case Note & Summary
The case involves an appeal by Mohan @ Bapu and his father Khushal against their conviction by the Additional Sessions Judge, Chandrapur, in Sessions Case No. 85 of 2013. They were found guilty under Section 302 read with Section 34 of the Indian Penal Code for the murder of Ankush Suryawanshi, and under Section 307 read with Section 34 IPC for attempting to murder Heena Suryawanshi. Additionally, Mohan was convicted under Section 324 IPC for voluntarily causing hurt to Sidharth Suryawanshi. The prosecution's case, based on a report lodged by PW1 Sidharth on 8.3.2013, described a chain of events starting with a quarrel between Mohan and Sunita Meshram, followed by assaults at three different spots. The appellants argued that the evidence was inconsistent, but the court, after hearing arguments and reviewing the evidence, found the testimony of eye-witnesses credible and upheld the convictions. The court noted that minor inconsistencies did not detract from the overall reliability of the prosecution's case. The appeal was dismissed, and the convictions were confirmed.
Headnote
A) Criminal Law - Murder - Section 302 read with Section 34 IPC - Common Intention - The appellants were convicted for murder of Ankush Suryawanshi and attempt to murder of Heena Suryawanshi. The court upheld the conviction, finding that the eye-witnesses' testimony was credible and consistent regarding the chain of events, despite minor inconsistencies. (Paras 1-3) B) Criminal Law - Attempt to Murder - Section 307 read with Section 34 IPC - The court affirmed the conviction for attempt to murder, noting that the evidence showed the appellants acted with common intention to cause death. (Paras 1-3) C) Criminal Law - Voluntarily Causing Hurt - Section 324 IPC - Appellant Mohan was convicted for causing hurt to Sidharth Suryawanshi with a sharp-edged weapon. The court upheld this conviction based on the testimony of the injured witness. (Paras 1-3)
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 307, and 324 read with Section 34 of the Indian Penal Code is sustainable based on the evidence of eye-witnesses and the chain of events.
Final Decision
The appeal is dismissed. The convictions and sentences imposed by the trial court are upheld.
Law Points
- Murder
- Attempt to murder
- Voluntarily causing hurt
- Common intention
- Section 302 IPC
- Section 307 IPC
- Section 324 IPC
- Section 34 IPC
- Credibility of eye-witnesses
- Minor inconsistencies
- Chain of events
