Bombay High Court Upholds Conviction for Murder Under Section 302 IPC — Cycle Chain and Knife Assault During Duty Quarrel. Appellant's Conviction for Murder of Co-Security Guard Confirmed as Evidence of Eye-Witnesses Found Credible and Injuries Consistent with Fatal Stabbing.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
  • 42
Judgement Image
Font size:
Print

Case Note & Summary

The appellant, Shivaji Ananda Chavan, was convicted by the II Ad-hoc Additional Sessions Judge, Solapur for the murder of Madhukar Patil under Section 302 IPC and sentenced to life imprisonment. The incident occurred on 8 April 2009 when both were working as security guards at Lahoti Company in MIDC, Chincholi, Solapur. After dinner, a quarrel arose between them over sharing duty hours. The appellant took out a cycle chain tied to his waist and assaulted the deceased. When P.W.3 snatched the chain, the appellant produced a knife and stabbed the deceased multiple times. The deceased collapsed and was declared brought dead at the hospital. The post-mortem revealed stab wounds on the chest and epigastrium. The appellant appealed against the conviction. The High Court examined the evidence of eye-witnesses P.W.3 and P.W.4, who were also security guards present at the scene. Their testimony was found to be consistent, credible, and corroborated by medical evidence. The court held that the prosecution had proved its case beyond reasonable doubt. The appeal was dismissed, and the conviction and sentence were upheld.

Headnote

A) Criminal Law - Murder - Section 302 IPC - Conviction upheld - Appellant and deceased were security guards; quarrel over duty hours led to appellant assaulting deceased with cycle chain and then stabbing him with a knife - Eye-witnesses P.W.3 and P.W.4 testified consistently - Medical evidence corroborated stab wounds - Held that the prosecution proved its case beyond reasonable doubt and the trial court's judgment did not warrant interference (Paras 1-10).

Subscribe to unlock Headnote Subscribe Now

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 of eye-witnesses and medical evidence.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The appeal is dismissed. The conviction and sentence of the appellant for offence punishable under Section 302 of the Indian Penal Code are upheld.

Law Points

  • Murder
  • Section 302 IPC
  • Conviction upheld
  • Eye-witness testimony
  • Credibility of witnesses
  • Medical evidence corroborating ocular evidence
  • Motive not essential for conviction
  • Common intention not required for single accused
Subscribe to unlock Law Points Subscribe Now

Case Details

2018 LawText (BOM) (10) 90

Criminal Appeal No. 711 of 2011

2018-10-30

S.S. Shinde, A.S. Gadkari

Mr. Rajesh Dharap (Appointed Advocate by Legal Aid Committee for the Appellant), Smt. S.V. Sonavane (APP for the Respondent/State)

Shivaji Ananda Chavan

The State of Maharashtra

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Criminal appeal against conviction for murder under Section 302 IPC.

Remedy Sought

Appellant sought acquittal from the conviction and sentence of life imprisonment.

Filing Reason

Appellant was convicted for murder of co-security guard by stabbing with a knife after a quarrel over duty hours.

Previous Decisions

The II Ad-hoc Additional Sessions Judge, Solapur convicted the appellant on 22.3.2011 in Sessions Case No.239 of 2009.

Issues

Whether the conviction under Section 302 IPC is sustainable based on the evidence of eye-witnesses and medical evidence.

Submissions/Arguments

Appellant argued that the evidence of eye-witnesses was not credible and that the conviction was based on insufficient evidence. Respondent/State argued that the eye-witnesses were consistent and their testimony was corroborated by medical evidence, proving the guilt beyond reasonable doubt.

Ratio Decidendi

The conviction for murder under Section 302 IPC is sustainable when the testimony of eye-witnesses is consistent, credible, and corroborated by medical evidence, and the prosecution proves its case beyond reasonable doubt.

Judgment Excerpts

The learned II Ad-hoc Additional Sessions Judge, Solapur has convicted the appellant for offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/-... The prosecution case in nut shell is that, the appellant and deceased were working as security guards at Lahoti Company situated at MIDC, Chincholi, Solapur.

Procedural History

The appellant was convicted by the II Ad-hoc Additional Sessions Judge, Solapur on 22.3.2011 in Sessions Case No.239 of 2009. He appealed to the High Court of Judicature at Bombay, which heard the appeal and delivered judgment on 30.10.2018.

Acts & Sections

  • Indian Penal Code, 1860 (IPC): 302
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Upholds Conviction for Murder Under Section 302 IPC — Cycle Chain and Knife Assault During Duty Quarrel. Appellant's Conviction for Murder of Co-Security Guard Confirmed as Evidence of Eye-Witnesses Found Credible and Injuries Con...
Related Judgement
High Court High Court Dismisses Stranger's Writ Petition Against Eviction Decree Execution Due to Lack of Legal Right and Suppression of Facts. Objection Based on Oral Assurance from Tenant Fails as No Documentary Evidence Produced Under Hyderabad Rent Control ...