Case Note & Summary
The appellant, Shaikh Harun s/o Shaikh Hasan, along with his two brothers Shaikh Hussain and Shaikh Rafiq, were charged for offences punishable under Section 302 read with Section 34 and Section 307 read with Section 34 of the Indian Penal Code (IPC) in Sessions Trial No.99/1997 before the learned Additional Sessions Judge at Achalpur. The trial court acquitted accused No.1 Shaikh Hussain and accused No.3 Shaikh Rafiq from all charges. However, the appellant (accused No.2) was convicted under Section 304 Part I IPC and sentenced to rigorous imprisonment for 10 years and a fine of Rs.10,000/-, with default simple imprisonment for 1 month. He was also convicted under Section 324 IPC and sentenced to rigorous imprisonment for 1 year and a fine of Rs.100/-, with default simple imprisonment for 7 days. The appellant filed Criminal Appeal No.34 of 2004 before the High Court of Bombay at Nagpur Bench challenging his conviction. The High Court examined the evidence of eyewitnesses and medical evidence. The court found that the prosecution had proved its case beyond reasonable doubt that the appellant caused the death of the deceased by inflicting injuries with a knife, and also caused injuries to another person. The court upheld the conviction under Section 304 Part I IPC and Section 324 IPC, and dismissed the appeal. The court did not interfere with the sentence imposed by the trial court.
Headnote
A) Criminal Law - Culpable Homicide not amounting to murder - Section 304 Part I Indian Penal Code, 1860 - Conviction - Appeal against conviction - Appellant convicted for causing death of deceased by inflicting injuries with a knife - Court examined evidence of eyewitnesses and medical evidence - Held that prosecution proved its case beyond reasonable doubt - Conviction upheld (Paras 1-10). B) Criminal Law - Voluntarily causing hurt by dangerous weapons - Section 324 Indian Penal Code, 1860 - Conviction - Appellant also convicted for causing injuries to another person with a knife - Evidence of injured witness and medical evidence corroborated - Held that conviction under Section 324 IPC is also sustainable (Paras 1-10). C) Criminal Law - Common intention - Section 34 Indian Penal Code, 1860 - Acquittal of co-accused - Appellant was accused No.2 along with two others charged under Section 302 read with Section 34 IPC - Trial court acquitted accused No.1 and 3 - Appellant convicted under Section 304 Part I IPC - Held that acquittal of co-accused does not affect appellant's conviction as his individual act was proved (Paras 2-10).
Issue of Consideration
Whether the conviction of the appellant under Section 304 Part I and Section 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 of the appellant under Section 304 Part I and Section 324 of the Indian Penal Code, along with the sentences imposed by the trial court.
Law Points
- Culpable Homicide not amounting to murder
- Section 304 Part I IPC
- Section 324 IPC
- Common intention
- Acquittal of co-accused
- Appreciation of evidence
- Medical evidence
- Dying declaration
