CRIMINAL APPEAL NO. 645 OF 2013

Criminal appeals against conviction for murder and criminal intimidation, and State appeal against acquittal for conspiracy and unlawful assembly.

Appeal by Accused No.3 and Accused No.4 for setting aside conviction and sentence; Appeal by State against acquittal of all accused for conspiracy and other charges.

Trial court convicted Accused No.3 and Accused No.4 under Sections 302/34 and 506(2)/34 of IPC, and acquitted all accused of conspiracy and unlawful assembly charges.

Trial Court (Sessions Case No. 899 of 2009) convicted Accused No.3 Arun Laxman More and Accused No.4 Vilas Manik More for offence under Section 302 read with 34 IPC and Section 506(2) read with 34 IPC, sentenced them to life imprisonment and fine; Acquitted Accused Nos.1 to 7 of Section 120B IPC, Accused Nos.1 and 2 of Section 109 read with 302 IPC, and Accused Nos.3 to 7 of Sections 143, 147, 148, 149 read with 302 IPC.

Whether the prosecution proved motive and common intention for Accused No.3 and Accused No.4. Whether the eye-witness testimonies were reliable and sufficient for conviction. Whether the medical evidence, including blood group analysis, linked the accused to the crime. Whether the trial court erred in convicting Accused No.3 and Accused No.4 when the co-accused were acquitted on similar evidence. Whether the offence falls under Section 302 or Section 304 Part II of IPC, in the absence of intention to kill. Whether the State's appeal against acquittal of co-accused should be allowed.

For Accused No.3: No personal enmity or motive attributed; no intention to kill; blood group of deceased was inconclusive and not matched with accused's clothes or weapons; no independent eye-witness examined; all witnesses were related or known to deceased; contradictions in eye-witness statements; alternatively, the offence may be converted to Section 304 Part II, as there was no intention to cause death and accused had no prior criminal record. For Accused No.4: Supported submissions of Accused No.3; argued that even if evidence accepted, he only assaulted on leg, so case falls under Section 304 Part II. For State: Supported trial court's findings; contended that prosecution brought sufficient evidence against all accused regarding conspiracy and unlawful assembly; argued for upholding conviction of Accused No.3 and 4 and for allowing State appeal against acquittal.

The trial Court convicted the original accused No.3 Arun and accused No.4 Vilas for the offence punishable under Section 302 read with Section 34 of the IPC and sentenced them to suffer life imprisonment. The prosecution has not shown any personal enmity between deceased and accused No.3 and therefore it has to be assumed that he acted as the agent of Accused Nos.1 and 2. There are contradictions and omissions in the statements of eye witnesses with respect to the incident itself.

On 18.06.2009, deceased Anil was assaulted and died. FIR was registered as CR No. 269 of 2009 at Pimpri Police Station. After investigation, charge-sheet was filed. Case committed to Sessions Court as Sessions Case No. 899 of 2009. Trial conducted, and on 12.04.2013, Additional Sessions Judge, Pune convicted Accused No.3 and 4 under Section 302/34 and 506(2)/34 IPC, and acquitted others. Appeals were filed: Accused No.3 filed Criminal Appeal No. 645 of 2013; Accused No.4 filed Criminal Appeal No. 222 of 2016; and State filed Criminal Appeal No. 1178 of 2013 against acquittals. All heard together by Bombay High Court.

• Indian Penal Code, 1860: 302, 34, 506(2), 120B, 109, 143, 147, 148, 149