Bombay High Court Considers Appeals Against Conviction Under Sections 302/149, 147, 148, 427 IPC — Trial Court Had Sentenced Appellants to Life Imprisonment. Appellants Challenged Conviction Based on Alleged Assault with Deadly Weapons Leading to Death.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

This matter involved two criminal appeals and a bail application arising from the same judgment of the trial court. The appellants were original accused nos. 1 to 6, convicted by the Additional Sessions Judge, Ichalkaranji, in Sessions Case No. 19/2010 for offences under Sections 302 read with 149, 147, 148, and 427 of the Indian Penal Code. The trial court sentenced them to life imprisonment and fine for murder, and rigorous imprisonment for rioting, unlawful assembly with deadly weapons, and mischief causing damage. The prosecution case was that a prior altercation on 14 June 2009 over bursting firecrackers during a birthday celebration led to strained relations between the deceased Imtiyaz Shirgave and the accused. On 20 July 2009, while the informant Aslam Solapure had accompanied the deceased to his liquor shop, the accused allegedly came armed with scythes, swords, and sword-sticks and assaulted Imtiyaz inside the shop, causing multiple injuries that resulted in his death due to shock and hemorrhage. The informant witnessed the assault and reported it, leading to registration of Crime No. 69/2009. The police investigated, arrested the accused, seized weapons, and filed a chargesheet. The trial court convicted all six accused. The appellants challenged the conviction before the High Court. The judgment text provided is incomplete and does not contain the submissions, analysis, or final decision of the High Court.

Issue of Consideration

Whether the prosecution proved the guilt of the accused beyond reasonable doubt for offences under Sections 302/149, 147, 148, 427 IPC

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Case Details

2018 LawText (BOM) (09) 58

Criminal Appeal No. 250 of 2012, Criminal Appeal No. 281 of 2012, Criminal Application No. 939 of 2018

2018-09-12

S.S. Shinde, Mridula Bhatkar

Niteen Pradhan, Anand Patil, Amin Solkar, H.J. Dedhia

Ansar Dastgir Aitawade, Vijay alias Babalu Sanjay Javir, Pappu alias Popat Mallappa Pol, Pintu alias Dhanu Pandurang Jadhav, Rahul Anand Mane, Shankar Bhagwat Garad

The State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction

Remedy Sought

Appellants seek to set aside conviction and sentence imposed by trial court

Filing Reason

Conviction by trial court for offences under Sections 302/149, 147, 148, 427 IPC

Previous Decisions

Trial court convicted the appellants in Sessions Case No. 19/2010 on 11 January 2011

Issues

Whether the prosecution proved the guilt of the accused beyond reasonable doubt for offences under Sections 302/149, 147, 148, 427 IPC

Judgment Excerpts

the accused ... were assaulting to Imtiyaz Shirgave by the weapons in their hands inside the shop the probable cause of death of Imtiyaz Shirgave is shock due to Hemorrhage due to multiple injuries over the body and intra cranial Hemorrhage

Procedural History

FIR lodged on 20 July 2009; investigation conducted; chargesheet filed; trial in Sessions Case No. 19/2010; conviction on 11 January 2011; appeals filed in 2012; heard on 7 September 2018; judgment pronounced on 12 September 2018.

Acts & Sections

  • Indian Penal Code, 1860: 302, 149, 147, 148, 427
  • Bombay Police Act, 1951: 135
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