Case Note & Summary
The appellant, Ayaz Khan Azad Khan, was convicted by the Sessions Court for the murder of his father Azad Khan and brother Fayyaz Khan, and for causing hurt to Sheikh Riyasu. The incident occurred on 7 April 2014 when the appellant stabbed his father with a knife, then stabbed his brother who came to help, and also injured a bystander. The appellant was sentenced to life imprisonment under Section 302 IPC and one year under Section 324 IPC. The High Court, on appeal, examined the evidence including eyewitness testimony of Ejaj Khan (PW1) and Sheikh Riyasu (PW3), and the post-mortem report of Dr. Chaitanya Kulkarni (PW9). The court found the eyewitness accounts credible and consistent with medical evidence. The court held that the prosecution had proved its case beyond reasonable doubt and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony - Appeal against conviction for murder of father and brother - Court examined credibility of eyewitnesses and medical evidence - Held that the prosecution proved its case beyond reasonable doubt and the conviction was proper (Paras 1-4).
Issue of Consideration
Whether the conviction of the appellant under Sections 302 and 324 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence imposed by the Sessions Court.
Law Points
- Murder
- Section 302 IPC
- Section 324 IPC
- Life imprisonment
- Eyewitness testimony
- Medical evidence
- Credibility of witnesses
Case Details
2017 LawText (BOM) (12) 135
Criminal Appeal No.76 of 2017
R.K. Deshpande, M.G. Giratkar
Mr. Anzar Baig Mirza for Appellant, Mr. A.M. Deshpande for Respondent/State
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Nature of Litigation
Criminal appeal against conviction for murder and causing hurt.
Remedy Sought
Appellant sought acquittal from the conviction and sentence imposed by the Sessions Court.
Filing Reason
Appellant was convicted for murder of his father and brother and for causing hurt to another person.
Previous Decisions
Sessions Trial No.27 of 2014 convicted the appellant under Sections 302 and 324 IPC and sentenced him to life imprisonment and one year respectively.
Issues
Whether the conviction under Section 302 IPC is sustainable on the basis of eyewitness testimony and medical evidence.
Submissions/Arguments
Appellant argued that the evidence was insufficient and witnesses were not credible.
State argued that the prosecution proved its case beyond reasonable doubt.
Ratio Decidendi
The conviction under Section 302 IPC is sustainable when the prosecution proves its case beyond reasonable doubt through credible eyewitness testimony and corroborating medical evidence.
Judgment Excerpts
Appellant has challenged the Judgment of conviction in Sessions Trial No.27 of 2014, by which he is sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/ in default to suffer rigorous imprisonment for one year for the offence punishable under Section 302 of the Indian Penal Code.
Procedural History
The appellant was convicted in Sessions Trial No.27 of 2014. He appealed to the High Court. The High Court reserved judgment on 21.11.2017 and pronounced on 12.12.2017.
Acts & Sections
- Indian Penal Code, 1860: 302, 324
