Case Note & Summary
This criminal appeal arose from the conviction of the appellant under Section 302 of the Indian Penal Code by the Additional Sessions Judge, Akola in Sessions Trial No. 163/2019. The prosecution case was that on a railway platform at Akola, around 9:40 a.m., the accused approached an unidentified man sleeping on a bench and smashed his head with 4-5 blows of a heavy metal strip, causing instantaneous death. The assailant then fled. The Head Constable of Railway Police, PW-1 Suresh Jagannath Babar, reached the spot and obtained a description of the assailant from two food vendors, PW-2 Vijesh Vijaykumar Ayyanwar and PW-3 Sk. Shakil Sk. Jamal. Based on the description, the accused was arrested between 1:00 and 1:30 p.m. the same day, and a blood-stained metal strip was seized from him. After investigation, a charge-sheet was filed. The trial court convicted the accused and sentenced him to life imprisonment and a fine. On appeal, the appellant challenged the conviction on grounds of irregularity in the Test Identification Parade, arguing it was held after 15 days without explanation, the dummy persons were not identical, the accused’s photograph had appeared in a newspaper, and the eyewitnesses were told by the police that he was the assailant. The prosecution defended the conviction, emphasizing that the eyewitnesses had identified the accused both in the T.I. Parade and in court, the arrest and seizure happened within hours, and forensic reports showed blood of the victim’s group on the accused’s clothes and the weapon. The High Court heard arguments from both sides and began analyzing the evidence, but the judgment text is incomplete, ending before the court’s reasoning and final decision.
Issue of Consideration
Whether the conviction under Section 302 IPC is valid given the alleged delay and irregularities in the Test Identification Parade and the reliability of eyewitness testimonies?
Law Points
- murder
- Test Identification Parade reliability
- eyewitness testimony
- circumstantial evidence
- homicidal death proof
- burden of proof
- forensic evidence
Case Details
2026 LawText (BOM) (08) 28
Criminal Appeal No. 282 of 2023
Urmila Joshi Phalke, Nivedita P. Mehta
Ashish Fule (Appellant), S.S. Dhote (Respondent)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction under Section 302 of the Indian Penal Code.
Remedy Sought
The appellant sought to set aside the conviction and sentence, claiming acquittal.
Filing Reason
The appellant alleged irregularities in the Test Identification Parade, unreliable eyewitness testimonies, and insufficient evidence to sustain the conviction.
Previous Decisions
Additional Sessions Judge, Akola in Sessions Trial No. 163/2019 convicted the appellant under Section 302 IPC on 14.02.2023 and sentenced him to imprisonment for life and a fine of Rs. 10,000/- with a default sentence of three months simple imprisonment.
Issues
Whether the Test Identification Parade was conducted after an inordinate delay and in violation of the Criminal Manual, thereby rendering the identification unreliable?
Whether the eyewitness testimonies of PW-2 and PW-3 are trustworthy given their admission that the police informed them about the assailant?
Whether the conviction under Section 302 IPC is sustainable based on the evidence on record?
Submissions/Arguments
The T.I. Parade was held 15 days later without explanation; dummy persons were not identical; accused's photograph was published in newspaper; eyewitnesses admitted police told them he is the assailant, thus their evidence is tainted; spot and inquest panchanama drawn before registration of crime; accused arrested on suspicion.
PW-1 immediately rushed to the spot; eyewitnesses identified accused in T.I. Parade and in court; accused arrested within four hours with blood-stained metal strip; forensic evidence confirms blood of victim's group on accused's clothes and weapon; defence of mental disorder unsupported; prosecution proved guilt beyond reasonable doubt.
Judgment Excerpts
At around 09.40 a.m., the accused went near him and smashed his head by giving 4-5 blows of a heavy metal strip. Thereafter he swung the metal strip in air to deter people from getting close to him and thereafter fled away.
The assailant was searched on the basis of the description and was arrested at about 01.00 to 01.30 p.m.
accused was found holding blood stained metal strip in his hand.
they have admitted that as Police disclosed to them that he is an assailant and, therefore they are saying so.
The T.I. Parade was held after 15 days and no explanation was put forth.
Procedural History
The accused was convicted by Additional Sessions Judge, Akola in Sessions Trial No. 163/2019 on 14.02.2023 for offence under Section 302 IPC, sentenced to life imprisonment and fine. The accused preferred Criminal Appeal No. 282 of 2023 before the High Court of Bombay, Nagpur Bench. The High Court heard arguments on 29th July 2026 and reserved judgment. Judgment pronounced on 6th August 2026.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 313
- Bhartiya Nagarik Suraksha Sanhita, 2023: 351
