Case Note & Summary
The appellants, Sarang and Nihal Zade, were convicted by the Additional Sessions Judge, Chandrapur, for the murder of Naved and causing hurt to Hasim, under Sections 302 and 324 read with Section 34 of the Indian Penal Code. The prosecution case was that on 29 May 2014, a quarrel arose between the appellants and the deceased over the appellants' relationship with a girl named Dipali. The appellants attacked the deceased with a knife and a stick, causing fatal injuries. The trial court sentenced them to life imprisonment and fine. On appeal, the Bombay High Court examined the evidence of eyewitnesses, including the injured witness Hasim, and the medical evidence. The court found that the eyewitnesses were credible and their testimony was consistent with the medical reports. The court held that the appellants acted with common intention to cause death, as they both participated in the attack. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Common Intention - Sections 302, 324, 34 Indian Penal Code, 1860 - Appeal against conviction - Appellants convicted for murder and causing hurt - Evidence of eyewitnesses and medical reports established that appellants shared common intention and inflicted fatal injuries - Held that conviction is proper and appeal dismissed (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Sections 302 and 324 read with Section 34 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge, Chandrapur in Sessions Case No. 92/2014 are confirmed.
Law Points
- Common intention under Section 34 IPC
- Murder under Section 302 IPC
- Hurt under Section 324 IPC
- Appreciation of evidence in criminal appeal
- Credibility of eyewitnesses
- Motive for murder
Case Details
2018 LawText (BOM) (01) 142
Criminal Appeal No. 184 of 2017
R. K. Deshpande, M. G. Giratkar
Shri R. M. Daga for appellants, Mrs. K. R. Deshpande for respondent
Sarang s/o Kailash Zade and Nihal s/o Kailash Zade
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Nature of Litigation
Criminal appeal against conviction for murder and causing hurt
Remedy Sought
Appellants sought acquittal from the conviction and sentence imposed by the trial court
Filing Reason
Appellants were convicted for murder and causing hurt, and they appealed against the judgment
Previous Decisions
Trial court convicted appellants under Sections 302 and 324 read with Section 34 IPC and sentenced them to life imprisonment and fine
Issues
Whether the conviction under Sections 302 and 324 read with Section 34 IPC is sustainable on the basis of evidence
Whether the appellants acted with common intention to cause death
Submissions/Arguments
Appellants argued that the evidence was insufficient and that they were falsely implicated
Prosecution argued that the eyewitnesses and medical evidence clearly established the guilt of the appellants
Ratio Decidendi
The court held that the evidence of eyewitnesses, particularly the injured witness, coupled with medical evidence, proved beyond reasonable doubt that the appellants shared common intention and caused the death of the deceased. The conviction under Sections 302 and 324 read with Section 34 IPC was therefore upheld.
Judgment Excerpts
Appellants assailed the judgment of conviction in Sessions Case No. 92/2014 passed by learned Additional Sessions Judge, Chandrapur for the offences punishable under Sections 302 and 324 read with Section 34 of the Indian Penal Code.
Both the appellants sentenced to suffer imprisonment for life and to pay a fine of Rs. 25,000/ each, in default to suffer simple imprisonment for one year for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.
Procedural History
The appellants were convicted by the Additional Sessions Judge, Chandrapur in Sessions Case No. 92/2014. They appealed to the High Court of Bombay, Nagpur Bench, which reserved judgment on 10/01/2018 and pronounced on 22/01/2018, dismissing the appeal.
Acts & Sections
- Indian Penal Code, 1860: 302, 324, 34
