Case Note & Summary
The case involves three appeals against conviction under Sections 302 and 307 read with Section 34 IPC. The prosecution alleged that on 21.04.2013, the appellants assaulted the deceased and injured another person over a petty quarrel. The trial court convicted them based on the testimony of PW1 (brother of deceased) and PW2 (brother of injured). The High Court found that PW1 and PW2 were interested witnesses and their testimony contained material contradictions and improvements. The medical evidence did not corroborate the ocular version regarding the number of injuries and the weapon used. The court also noted that there was no evidence of common intention. Consequently, the court allowed the appeals, set aside the conviction, and acquitted the appellants.
Headnote
A) Criminal Law - Murder - Conviction based on interested witnesses - Testimony of PW1 (brother of deceased) and PW2 (brother of injured) found unreliable due to contradictions and improvements - Court held that conviction cannot be based solely on such testimony without independent corroboration (Paras 10-20).
B) Criminal Law - Attempt to Murder - Section 307 IPC - Prosecution failed to prove that the injured sustained injuries in the same incident - Medical evidence inconsistent with ocular testimony - Held that conviction under Section 307 IPC is unsustainable (Paras 21-25).
C) Criminal Law - Common Intention - Section 34 IPC - No evidence of prior concert or common intention among accused - Incident occurred suddenly without premeditation - Held that Section 34 IPC cannot be invoked (Paras 26-30).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 307 read with Section 34 IPC is sustainable based on the testimony of interested witnesses and lack of independent corroboration.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges. They be set at liberty forthwith unless required in any other case.
Law Points
- Appreciation of evidence
- Interested witness
- Corroboration
- Circumstantial evidence
- Benefit of doubt
Case Details
2017 LawText (BOM) (07) 183
Criminal Appeal No.174/2015, Criminal Appeal No.236/2015, Criminal Appeal No.263/2015
B. P. Dharmadhikari, V. M. Deshpande
Mr. S. P. Gadling, Mr. R. M. Daga, Mr. Mir Nagman Ali, Mr. S. S. Doifode
Virendrasingh s/o Rampurkar Khairwar, Firoz Khan s/o Chandkhan Pathan, Rajesh s/o Shriram Gawande
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Nature of Litigation
Criminal appeals against conviction for murder and attempt to murder.
Remedy Sought
Appellants sought acquittal by setting aside the conviction and sentence.
Filing Reason
Appellants were convicted by the trial court for offences under Sections 302 and 307 read with Section 34 IPC.
Previous Decisions
Trial court convicted the appellants on 30.03.2015 in Sessions Trial No.196/2013.
Issues
Whether the testimony of PW1 and PW2, being interested witnesses, is reliable without independent corroboration?
Whether the medical evidence supports the prosecution case regarding the injuries?
Whether the common intention under Section 34 IPC is established?
Submissions/Arguments
Appellants argued that the prosecution witnesses are interested and their testimony is full of contradictions and improvements.
Prosecution argued that the witnesses are natural and their testimony is consistent and reliable.
Ratio Decidendi
Conviction cannot be based solely on the testimony of interested witnesses without independent corroboration. Medical evidence must corroborate ocular testimony. Common intention requires evidence of prior concert.
Judgment Excerpts
The testimony of PW1 and PW2 is not reliable as they are interested witnesses and their evidence is full of contradictions.
The medical evidence does not support the prosecution case regarding the number of injuries and the weapon used.
There is no evidence to show that the appellants shared a common intention to commit murder.
Procedural History
The trial court convicted the appellants on 30.03.2015. They filed separate appeals before the High Court, which were heard together and decided by this common judgment.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 307, 34
