Case Note & Summary
The appeal before the High Court arose from a Sessions Case where the respondent, Sukhdeo Sitaram Amale, was tried for the murder of his nephews, Vidnyan and Gokul, under Section 302 of the Indian Penal Code. The prosecution alleged that on 27 April 1996, following a dispute over the cutting of a mango tree and the beating of another nephew, the respondent committed the double murder with an axe. The first information report was lodged by the victims' father, Dattatraya Amale. Investigation led to the recovery of the axe, blood-stained earth, and the collection of photographic evidence. A child witness, the respondent's daughter, gave a statement under Section 164 CrPC claiming to have seen the act. Despite the evidence, the trial court acquitted the respondent on 16 September 1999, finding the prosecution case insufficient. The State preferred an appeal, which was heard by the High Court at Aurangabad.
Issue of Consideration
Whether the trial court's acquittal of the respondent for the offence of murder was justified and warranting interference by the appellate court
Case Details
2017 LawText (BOM) (07) 31
Criminal Appeal No. 471 of 1999
S.S. Shinde, S.M. Gavhane
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Nature of Litigation
Criminal appeal against acquittal
Remedy Sought
State seeking reversal of acquittal and conviction of respondent for murder
Filing Reason
Aggrieved by trial court's acquittal dated 16-09-1999 in Sessions Case No. 33 of 1997
Previous Decisions
Acquittal by Additional Sessions Judge, Shrirampur on 16-09-1999
Issues
Whether the prosecution proved beyond reasonable doubt that the respondent committed murder of Vidnyan and Gokul by axe on 27 April 1996?
Whether the trial court's appreciation of evidence, including child witness and circumstantial evidence, was perverse?
Submissions/Arguments
Appellant-State contended that the trial court erred in acquitting the respondent given the incriminating evidence including recovery of weapon and child witness statement.
Respondent-accused pleaded false implication and denied the charges.
Judgment Excerpts
the accused had cut one Mango tree, and when his son Vikas asked him as to why he has cut the said mango tree, he dragged him and beat in front of his house.
She disclosed that, she saw her father i.e. the accused Sukhdeo, while committing murders of Vidnyan and Gokul with the help of axe.
the accused came towards her along with an axe and threatened her stating that she should not work in the land of informant Dattatraya, otherwise he would cut her into pieces.
thereafter the accused proceeded towards them and she ran away towards her house due to fear.
Procedural History
FIR lodged by Dattatraya Amale at Haregaon Police Outpost on 27-04-1996; investigation by PSI Suresh Bhamre; inquest and seizure conducted; statements recorded including of child witness under Section 164 CrPC; charge-sheet filed under Section 302 IPC; trial conducted as Sessions Case No. 33 of 1997 before Additional Sessions Judge, Shrirampur; acquittal recorded on 16-09-1999; State filed Criminal Appeal No. 471 of 1999 before High Court of Bombay, Aurangabad Bench.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 164, 313
