Case Note & Summary
The appellant, Mohammed Rafiq Shahabuddin Shaikh, was convicted by the learned Adhoc Additional Sessions Judge-2, Thane, for the offence of murder under Section 302 of the Indian Penal Code, 1860, and sentenced to life imprisonment with a fine of Rs. 5,000. The prosecution case was that on 8 November 2007, the appellant inflicted knife blows on the deceased Devendra Thapa @ Chavan, a watchman, because the watchman did not obey his orders to irrigate plants at his home. The first informant, Aayub Shaikh, who resided in the same building, witnessed the incident and also heard the appellant make an extrajudicial confession. The appellant was arrested and charged. The trial court convicted him, leading to this appeal. The High Court examined the evidence, including the testimony of the first informant and the extrajudicial confession. The court found the eyewitness testimony to be consistent and credible, and the extrajudicial confession was made voluntarily and without coercion. The court held that the prosecution had proved its case beyond reasonable doubt. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eyewitness testimony and extrajudicial confession - The appellant was convicted for murdering a watchman by inflicting knife blows. The court upheld the conviction, finding the eyewitness account of the first informant and the extrajudicial confession made by the accused to be credible and reliable. (Paras 1-13)
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for murder is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Section 302 IPC upheld.
Law Points
- Murder
- Section 302 IPC
- Eyewitness testimony
- Extrajudicial confession
- Credibility of witnesses
- Life imprisonment
