Case Note & Summary
The appellants, Dattu Rama Theurkar and Deepak Dattu Theurkar, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No.23 of 1993 for offences under Section 302 read with Section 34 IPC and Section 323 read with Section 34 IPC. They were sentenced to life imprisonment and fine. The case arose from an incident on 25th April 1993 at about 8:00 p.m. in village Khopodi, Taluka Daund, District Pune. The prosecution case was that the appellants, along with a third accused (who was acquitted), assaulted the deceased, Suresh Dattu Theurkar, and another person, Dattu Rama Theurkar (the father of the deceased), with sticks and a knife. The deceased succumbed to his injuries. The prosecution examined several witnesses, including the injured complainant (PW1), who was an eyewitness. The trial court convicted the appellants based on the testimony of PW1 and other corroborating evidence. The appellants challenged the conviction on the grounds that the evidence was unreliable and that there was no common intention. The High Court, after analyzing the evidence, found that the testimony of PW1 was consistent and credible, and that the medical evidence supported the prosecution case. The court held that the appellants acted with common intention to cause the death of the deceased. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 34, 323 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and medical evidence - The appellants were convicted for murder of one person and causing hurt to another. The court examined the credibility of eyewitnesses, medical evidence, and the presence of common intention. Held that the testimony of the injured eyewitness was reliable and corroborated by medical evidence, establishing the appellants' guilt beyond reasonable doubt (Paras 1-45).
Issue of Consideration
Whether the conviction of the appellants under Section 302 read with Section 34 IPC and Section 323 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellants under Section 302 read with Section 34 IPC and Section 323 read with Section 34 IPC are upheld.
Law Points
- Section 302 IPC
- Section 34 IPC
- Section 323 IPC
- Common Intention
- Eyewitness Testimony
- Medical Evidence
- Circumstantial Evidence
- Motive
- Last Seen Theory
