Case Note & Summary
The accused No.6 (appellant) appealed against the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge, Karwar sitting at Sirsi in S.C. Nos. 5001/2018, 5002/2018 and 5003/2018. The sessions cases were jointly tried for offences under Sections 302, 307, 120B and 109 of the Indian Penal Code, 1860. Accused No.1, 4 and 5 died during the pendency of the trial and the case against them stood abated. The prosecution case arose from a complaint filed by Balaram Naik on 19.02.2000 at Karwar Town Police Station alleging that at about 8.00 p.m. on 19.02.2000, two persons on a Hero Honda motorcycle shot Vasant Asnotikar, the then sitting MLA of Karwar, at Divadnya Kalyan Mantap, Karwar, where he was overseeing reception arrangements for his daughter's marriage. The MLA sustained bullet injuries on his back and stomach and later succumbed. One Ganapati Ulavekar was also injured. The complaint alleged that accused No.1 had political animosity with the deceased MLA and conspired to kill him. An additional charge sheet was filed on 16.09.2002 arraigning accused Nos.4, 5 and 6 (appellant) for criminal conspiracy and murder. Accused No.6, arrested by Maharashtra Police under the MCOC Act, allegedly gave a voluntary statement confessing to the murder. The trial court framed charges under Sections 120B, 302, 307 of IPC and Sections 25(1-A) and 27 read with Section 3 of the Indian Arms Act, 1959. Prosecution examined 106 witnesses and marked documents. The trial court convicted accused No.6 under Sections 302, 307, 120B, 201 IPC and Sections 25 and 27 of the Arms Act and sentenced him to life imprisonment and other terms, while acquitting accused Nos.2 and 3. The appellant challenged the conviction, contending that the trial was illegal as the additional charge sheet was filed without court permission, evidence was manipulated, and the voluntary statement was fabricated. The appeal was heard on 18.12.2023 and judgment was pronounced on 15.03.2024. The excerpt of the judgment provided does not include the court's final analysis or decision on the appeal.
Issue of Consideration
Case Details
2024 LawText (KAR) (03) 22
H.P. Sandesh, Ramachandra D. Huddar
S.M. Hattarki for appellant, M.B. Gundawade (Additional SPP) for respondent
Sanjay s/o. Kishan Mohite @ Rajan
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Nature of Litigation
Criminal appeal against conviction for murder and conspiracy
Remedy Sought
Appellant sought setting aside of conviction and acquittal
Filing Reason
Conviction based on alleged illegal trial and fabricated evidence
Previous Decisions
Trial court convicted accused No.6 and sentenced him to life imprisonment and other terms on 20.04.2021; acquitted accused Nos.2 and 3
Issues
Whether trial against accused No.6 was illegal for want of court permission to file additional charge sheet
Whether evidence of voluntary statement and lodge documents was fabricated
Whether conviction under Sections 302, 307, 120B, 201 IPC and Arms Act is sustainable
Submissions/Arguments
Appellant argued that no witnesses spoke truth and a different yardstick was applied
Wives of accused Nos.2 and 3 filed habeas corpus petitions with no reference to accused No.6
Karnataka Police first received wireless message from Maharashtra Police only on 11.02.2002, which was a strange development
Accused No.6 was brought to Karnataka on 30.07.2002 and his voluntary statement was recorded; documents of his stay at Karwar were manipulated
Additional charge sheet filed without court permission rendered trial illegal
Judgment Excerpts
"Yahi hai sala, maro maro"
accused No.6 was arrested by Maharashtra Police, under the provisions of MCOC Act
he had given his voluntary statement stating that, he has murdered deceased Vasant Asnotikar, the then sitting MLA of Karwar
Additional charge sheet was filed against accused No.6 without any permission from the Court
Procedural History
Complaint filed on 19.02.2000 at Karwar Town PS (Crime No.37/2000). Additional charge sheet filed on 16.09.2002 arraigning accused 4,5,6. Accused No.6 arrested by Maharashtra Police and later brought to Karnataka. Charges framed under IPC and Arms Act. Trial conducted jointly in SC Nos.5001/2018, 5002/2018, 5003/2018. Trial court convicted accused No.6 and acquitted accused Nos.2 and 3 on 20.04.2021. Appeal filed under Section 374(2) CrPC. Heard on 18.12.2023, judgment pronounced on 15.03.2024.
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 120B, 201, 109
- Indian Arms Act, 1959: 3, 25, 27
