Case Note & Summary
The High Court of Judicature at Bombay, Nagpur Bench, heard two criminal appeals filed by appellants against their conviction by the Additional Sessions Judge, Nagpur, in Sessions Trial No.190 of 2018. The appellants were convicted for offences under Sections 302 (murder), 307 (attempt to murder), and 323 (voluntarily causing hurt) read with Section 34 (common intention) of the Indian Penal Code, 1860, and sentenced to life imprisonment and fines. The prosecution case stemmed from an incident on 21 January 2018, where the appellants allegedly assaulted Vaibhav Kawadkar, Amol Atalkar, and complainant Tilak Hate with a stick and axe over a property dispute, resulting in Amol's death and injuries to others. The appellants pleaded not guilty, raising a defence of total denial and alibi, claiming they were at a hotel in Sawargaon during the incident. The prosecution examined nine witnesses, including eye-witness PW-2 Tilak and victim PW-5 Vaibhav Kawadkar, while the defence examined two witnesses. The legal issues centered on whether the death was homicidal, whether the appellants acted with common intention, and the credibility of eye-witness testimony. The appellants argued for acquittal based on alibi and lack of proof, while the State contended the evidence was sufficient. The court analyzed the postmortem report, which confirmed homicidal death due to head injuries, and relied on PW-2's detailed testimony, finding him truthful and consistent despite cross-examination. The alibi defence was rejected as unconvincing. The court upheld the trial court's findings, answering all points in the affirmative and dismissing the appeals, thereby confirming the convictions and sentences.
Headnote
A) Criminal Law - Homicidal Death - Postmortem Report - Indian Penal Code, 1860 - The prosecution alleged murder of Amol Atalkar; defence claimed assault by unknown persons. Postmortem report showed multiple ante-mortem injuries including lacerated wound, fractures, and head injury as cause of death. Court held that death was homicidal, not accidental or suicidal, based on medical evidence. (Paras 11) B) Criminal Law - Common Intention - Section 34 IPC - Indian Penal Code, 1860, Section 34 - Appellants convicted under Sections 302, 307, 323 read with Section 34 IPC for assault with stick and axe. Eye-witness PW-2 Tilak deposed on appellants' assault in furtherance of common intention over property dispute. Court affirmed reliance on PW-2's testimony as truthful, establishing common intention. (Paras 12-13) C) Criminal Law - Eye-Witness Testimony - Credibility - Indian Penal Code, 1860 - Star witness PW-2 Tilak, an eye-witness, deposed on accompanying Vaibhav to discuss property dispute with appellants, witnessing assault on Amol, Vaibhav, and himself. Cross-examination did not discredit him; previous identification at marriage substantiated knowledge of appellants. Court held PW-2 as genuine witness, justifying trial court's reliance. (Paras 12-13) D) Criminal Law - Alibi Defence - Disproof - Indian Penal Code, 1860 - Appellants claimed alibi, being at Sawargaon hotel at incident time. Defence examined DW-1 Kunal Anil Jaiswal and DW-2 Chandrashekhar Laxmanrao Madankar. Court did not find alibi credible; evidence of PW-2 and PW-5 Vaibhav Kawadkar contradicted defence. Held that alibi defence failed to create reasonable doubt. (Paras 7, 14) E) Criminal Procedure - Appeal Dismissal - Conviction Uphold - Code of Criminal Procedure, 1973 - Appellants challenged trial court judgment convicting them under Sections 302, 307, 323 read with Section 34 IPC. High Court reviewed evidence, including PW-2 and PW-5 testimonies and postmortem report. Held that trial court's findings were correct; appeals dismissed, conviction and sentences upheld. (Paras 10, 16)
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Issue of Consideration: Whether the appellants were rightly convicted for offences under Sections 302, 307, and 323 read with Section 34 of the Indian Penal Code, 1860, based on the evidence on record.
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Final Decision
Appeals dismissed; conviction and sentences upheld.
