Criminal Appeal on IPC Sections 302 and 307 Challenging Witness Credibility and Identification Issues in Group Clash Case


Summary of Judgement

Criminal appeals challenging a judgment convicting the appellants under IPC Sections 302 (murder) and 307 (attempt to murder). The incident involves a group clash resulting in the death of one person and injuries to another, with issues surrounding witness credibility and identification.

1. Background and Incident Overview

  • Incident Details: Describes events leading to the altercation between two groups due to prior criminal activities and enmity.
  • Date and Location: Occurred on 22nd March 2011 near Priya Hotel, Sangli.

2. Prosecution's Case

  • Witnesses and Evidence: Relies on testimonies of witnesses including PW-1 (Hotel Manager), PW-2 (hostile witness), PW-3 (injured eyewitness), and PW-12 (independent witness).
  • Weapons Recovered: Sword, axe, and knife recovered from accused, allegedly used in the assault.

3. Examination of Witnesses

  • PW-1 (Ashok D. Shetty): Describes the assault at Priya Hotel, identifies weapons but fails to identify accused conclusively.
  • PW-2 (Sandeep S. Sawant): Initially cooperative but later declared hostile, provides partial account of events.
  • PW-3 (Rohan Sakate): Injured eyewitness, describes the assault on himself and the deceased, implicates the accused.
  • PW-12 (Shridhar S. Pailwan): Independent witness at the scene, corroborates parts of the prosecution's account.

4. Defense Arguments

  • Credibility Challenges: Defense questions witness reliability, suggests false implication due to group rivalry and influence.
  • Identification Issues: Raises concerns about delayed Test Identification Parade (TIP) and witness statements.

5. Court Proceedings and Judgment

  • Trial Court Decision: Convicts appellants based on eyewitness testimonies and evidence, sentences them to life imprisonment and other terms.
  • Appeal Arguments: Challenges conviction under IPC Section 302, argues lack of reliable evidence and witness credibility.

6. Conclusion

  • Appeal Grounds: Seeks acquittal or reduction of charges based on discrepancies in witness statements and identification issues.

Case Title: Sanjay Prakash Mane Versus The State of Maharashtra

Citation: 2024 Lawtext (BOM) (6) 116

Case Number: CRIMINAL APPEAL NO. 916 OF 2021 WITH CRIMINAL APPEAL NO. 675 OF 2013 WITH INTERIM APPLICATION NO. 2057 OF 2023 WITH INTERIM APPLICATION NO. 2491 OF 2023 IN CRIMINAL APPEAL NO. 675 OF 2013

Advocate(s): Dr. Yug Mohit Chaudhry a/w. Mr. Anush Shetty, Mr. Kedar J. Patil for Appellant, Ms. A.A. Takalkar, A.P.P. for Respondent

Date of Decision: 2024-06-11