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

Case Note & Summary

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.