Case Note & Summary
The appellant, Suman Vishal Himansu, was convicted by the Sessions Judge, Dadra and Nagar Haveli, Silvassa in Sessions Case No.9/2012 for offences under Sections 302, 504, and 506 of the Indian Penal Code, 1860 (IPC). He was sentenced to life imprisonment for murder, along with fines and default sentences. The incident occurred on 3 November 2011 when the deceased Bantu P. Yadav, along with others, was returning from a grocery shop. The appellant and 2-3 other persons attacked them with sticks and stones near a bridge. The deceased and others fled and hid in a latrine, but the appellant and his associates broke open the door and assaulted them. The deceased sustained fatal injuries and died. The prosecution examined eye-witnesses Sanju Yadav (PW6) and Dharmendra Yadav (PW8), who testified to the assault. The medical evidence confirmed that the injuries were sufficient to cause death in the ordinary course of nature. The appellant argued that the evidence was inconsistent and that he was falsely implicated. The High Court, after hearing both sides, found that the prosecution had proved its case beyond reasonable doubt. The court noted that the eye-witnesses were consistent and credible, and the medical evidence corroborated their testimony. The court upheld the conviction under Section 302 IPC, as well as under Sections 504 and 506 IPC. The sentences were directed to run concurrently. The appeal was dismissed.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction based on eye-witness testimony and medical evidence - The appellant along with others assaulted the deceased with sticks and stones, causing fatal injuries - The court held that the prosecution proved the case beyond reasonable doubt, and the conviction under Section 302 IPC was justified (Paras 1-13). B) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - Group assault - The appellant acted in concert with others, and the injuries inflicted were sufficient in the ordinary course of nature to cause death - The court upheld the conviction, noting that the appellant's participation was direct and intentional (Paras 3-13). C) Criminal Law - Criminal Intimidation and Insult - Sections 504 and 506 Indian Penal Code, 1860 - The appellant was also convicted for intentionally insulting and threatening the deceased - The court found the evidence sufficient to sustain these convictions (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Sections 302, 504, and 506 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellant under Sections 302, 504, and 506 of the Indian Penal Code, 1860 are upheld. The sentences shall run concurrently.
Law Points
- Murder
- Section 302 IPC
- Common Intention
- Section 34 IPC
- Criminal Intimidation
- Section 506 IPC
- Intentional Insult
- Section 504 IPC
- Life Imprisonment
- Concurrent Sentences
