Case Note & Summary
The case arises from a land dispute leading to the murder of Ashok Parjane. The trial court convicted accused No. 1 Kundalik and accused No. 8 Dhansing under Section 302 read with 34 IPC, sentencing them to life imprisonment, while acquitting the other seven accused. The State appealed the acquittal, and the convicted accused appealed their conviction. The High Court, after hearing both sides, upheld the conviction of accused Nos. 1 and 8, finding that the eyewitness testimony and medical evidence clearly established their involvement and common intention to kill. The court also upheld the acquittal of the other accused, noting insufficient evidence to prove their participation in an unlawful assembly. The appeals were disposed of accordingly.
Headnote
A) Criminal Law - Murder - Common Intention - Section 302 r/w 34 IPC - Conviction upheld - The court examined the evidence of eyewitnesses and medical reports to conclude that accused Nos. 1 and 8 shared common intention to cause death of deceased Ashok Parjane - Held that the prosecution proved its case beyond reasonable doubt against these two accused (Paras 1-10).
B) Criminal Law - Acquittal - Unlawful Assembly - Sections 147, 148, 149 IPC - Acquittal of other accused confirmed - The court found that the evidence did not establish that the other accused were part of an unlawful assembly with common object to commit murder - Held that their acquittal was proper (Paras 1-10).
Issue of Consideration
Whether the conviction of accused Nos. 1 and 8 under Section 302 read with 34 IPC is sustainable and whether the acquittal of other accused is justified.
Final Decision
The High Court dismissed the appeals of convicted accused (Cri. Appeal Nos. 225/2001 and 211/2001) and dismissed the State's appeal (Cri. Appeal No. 303/2001), thereby upholding the trial court's judgment.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 149 IPC
- Section 147 IPC
- Section 148 IPC
- Common intention
- Unlawful assembly
- Acquittal of other accused
- Appreciation of evidence
Case Details
2017 LawText (BOM) (09) 26
Criminal Appeal No. 225 of 2001, Criminal Appeal No. 211 of 2001, Criminal Appeal No. 303 of 2001
T.V. Nalawade, S.M. Gavhane
Mr. N.S. Ghanekar (for appellant in Cri. Appeal 225/2001), Mr. R.G. Hange (for appellant in Cri. Appeal 211/2001 and for respondents in Cri. Appeal 303/2001), Mr. S.D. Ghayal (APP for respondent/State in all appeals)
Dhansing s/o. Annasaheb Sonavane (Cri. Appeal No. 225/2001), Kundalik Jagannath Parjane (Cri. Appeal No. 211/2001), The State of Maharashtra (Cri. Appeal No. 303/2001)
The State of Maharashtra (in Cri. Appeal No. 225/2001 and 211/2001); Tanhaji s/o. Dnyanoba Bhosle and others (in Cri. Appeal No. 303/2001)
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Nature of Litigation
Criminal appeals against conviction and acquittal in a murder case.
Remedy Sought
Convicted accused sought acquittal; State sought conviction of acquitted accused.
Filing Reason
Challenge to trial court judgment in Sessions Case No. 10/2000.
Previous Decisions
Trial court convicted accused Nos. 1 and 8 under Section 302 r/w 34 IPC and acquitted others.
Issues
Whether the conviction of accused Nos. 1 and 8 under Section 302 read with 34 IPC is sustainable.
Whether the acquittal of other accused is justified.
Submissions/Arguments
Appellants (convicted accused) argued that evidence was insufficient and they were falsely implicated.
State argued that all accused should be convicted based on evidence.
Ratio Decidendi
The conviction of accused Nos. 1 and 8 under Section 302 read with 34 IPC is upheld as the prosecution proved their common intention to cause death beyond reasonable doubt. The acquittal of other accused is confirmed as evidence did not establish their participation in an unlawful assembly.
Judgment Excerpts
The Trial Court has convicted accused No. 1 - Kundalik and accused No. 8 - Dhansing for the offence punishable under section 302 r/w. 34 of IPC.
Life imprisonment is given to accused Nos. 1 and 8.
Procedural History
The trial court in Sessions Case No. 10/2000 convicted accused Nos. 1 and 8 under Section 302 r/w 34 IPC and acquitted others. The convicted accused filed appeals (Cri. Appeal Nos. 225/2001 and 211/2001) and the State filed an appeal against acquittal (Cri. Appeal No. 303/2001). The High Court heard all appeals together and pronounced judgment on 25/09/2017.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302, 34, 149, 147, 148
