Case Note & Summary
The case pertains to the murder of Ruprao Korde during a robbery in a truck. The appellants, Appaji @ Narendra Marotrao Gade and Kailas Rameshwar Rathod, were drivers of a truck hired by the deceased and his companions for cotton business. On the night of 3/4/2014, the deceased, along with Manohar Korde and Mahadev Kathane, started from Nagpur towards Sironcha with Rs. 3.50 lakhs. At about 3.30 a.m., the truck stopped at Ghot turning point. The deceased and the appellants alighted for tea, and later the deceased sat in the cabin with the appellants while the others sat in the back. At around 4.00 a.m., cries were heard from the cabin. The deceased was found with injuries and later died. The appellants fled with the money. The prosecution relied on circumstantial evidence: last seen together, motive (knowledge of money), recovery of weapons and money at the instance of the appellants, and the deceased's dying declaration. The trial court convicted them under Sections 302, 324, 393 read with Section 34 IPC. The High Court upheld the conviction, finding the chain of circumstances complete and consistent with guilt.
Headnote
A) Criminal Law - Murder - Circumstantial Evidence - Last Seen Together - The appellants were convicted for murder and robbery of the deceased who was last seen in their company in the truck cabin. The court held that the chain of circumstances, including motive, recovery of weapons, and the deceased's dying declaration, was complete and pointed only to the guilt of the appellants. (Paras 1-20) B) Criminal Law - Common Intention - Section 34 IPC - The court applied Section 34 IPC as both appellants acted in concert to rob and murder the deceased. The presence of both in the cabin and the subsequent recovery of the looted money and weapons established common intention. (Paras 15-18) C) Evidence Act - Dying Declaration - The deceased's statement to witnesses before death was admissible as a dying declaration under Section 32 of the Indian Evidence Act, 1872, and corroborated the prosecution case. (Paras 10-12)
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 324 and 393 read with Section 34 of the Indian Penal Code is sustainable based on circumstantial evidence and the last seen together theory.
Final Decision
The appeal is dismissed. The conviction of the appellants under Sections 302, 324 and 393 read with Section 34 of the Indian Penal Code is upheld.
Law Points
- Circumstantial evidence
- last seen together
- common intention
- chain of circumstances
- motive
- recovery of weapon
- dying declaration
