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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
Vibha Kankanwadi, Abhay S. Waghwase, JJ.
Shri Ishwar Khandu Patil - Appellant
Vs.
The State of Maharashtra - Respondent
Criminal Appeal No. 475, 490 Of 2016
Decided On : 03-11-2023
IPC - Conviction under Sections 143, 147, 148, 302, 307, 323, 504, 506 r/w 149 - Summary of Acts and Sections: The court discussed the application of Sections 143, 147, 148, 302, 307, 323, 504, 506 r/w 149 of the Indian Penal Code and their interpretations, including the concept of common object under Section 149 IPC, and the relevance of eyewitness and injured witness accounts in establishing the occurrence and motive.
Fact of the Case:
The prosecution's case involved a quarrel during a festival, leading to a fatal assault on two individuals. The accused were convicted under various sections of the IPC, and the appeals challenging the conviction were dismissed by the court.
Finding of the Court:
The court found the prosecution's evidence, including eyewitness and injured witness accounts, to be credible and trustworthy. The court upheld the findings and conclusion reached by the trial judge, dismissing the appeals.
Issues: The issues included the credibility of eyewitness and injured witness accounts, the application of Section 149 IPC for vicarious liability, and the establishment of motive and occurrence.
Ratio Decidendi: The court emphasized the importance of injured witness accounts, the application of Section 149 IPC for vicarious liability, and the relevance of previous quarrels in establishing motive. The court also highlighted the significance of medical evidence and recovery evidence in supporting the prosecution's case.
Final Decision: Both appeals were dismissed by the court, upholding the conviction of the accused.
JUDGMENT :
Abhay S. Waghwase, J.
1. Appellants are convicts for commission of offence under Sections 143, 147, 148, 302, 307, 323, 504, 506 r/w 149 of the Indian Penal Code [IPC] in Sessions Case No. 87 of 2014 dated 04.07.2016 passed by learned Additional Sessions Judge, Dhule. Original accused nos. 1 to 4 and 6 have preferred appeals bearing Criminal Appeal Nos. 475/2016 and 490/2016 respectively.
2. Though two distinct appeals have been filed questioning legality and maintainability of the judgment of conviction, as both appeals are heard simultaneously and answered by learned APP on one and the same day, appeals are dealt together by way of common judgment.
PROSECUTION STORY IN BRIEF IS AS UNDER
3. Shorn of details, in brief, case of prosecution is that during Ganpati festival of 2014, there was quarrel between accused party and informant party on account of raising volume of the loudspeaker. It is in such backdrop, case of prosecution is that, both sides were in cross terms. On 29.01.2014, accused named in the chargesheet came on two motorcycles and in backdrop of above previous quarrel, assault was made on Samadhan and Dattatraya causing them grievous injuries. PW2 informant when intervened to pacify them, he was beaten by fistiscuffs. Deceased Samadhan was declared dead on examination and therefore, PW2 Pruthviraj, brother of Samadhan, registered FIR which was investigated by PW10 P.I. Somwanshi and on gathering sufficient evidence, in all 6 accused were charge sheeted and tried by learned Additional Sessions Judge, Dhule, who, on appreciating the oral and documentary evidence adduced by prosecution, passed following order:
(2) The accused Nos. 1 to 4 & 6 are convicted u/s 235(2) of the Code of Criminal Procedure for the offence punishable under section 307 r/w/s. 149 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs.3,000/- (Rs. Three thousand only) each. In default of payment of fine, they have to suffer rigorous imprisonment for three (3) months each.
(3) The accused Nos. 1 to 4 & 6 u/s 235(2) of the Code of Criminal Procedure are convicted for the offence punishable under section 143 of the India Penal Code and sentenced to suffer rigorous imprisonment for six (6) months each.
(4) The accused Nos. 1 to 4 & 6 are convicted for the offence punishable under section 147 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six (6) months each.
(5) The accused Nos. 1 to 4 & 6 are convicted for the offence punishable under section 148 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years each.
(6) The accused Nos. 1 to 4 & 6 are convicted for the offence punishable under section 323 r/w/s 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six (6) months each.
(7) The accused Nos. 1 to 4 & 6 are convicted for the offence punishable under section 504 r/w/s. 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one (1) year each.
(8) The accused Nos. 1 to 4 & 6 are convicted for the offence punishable under section 506 r/w/s. 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three (3) years each.
(9) As punishment for performing an unlawful assembly, assaulting, committing murder and attempt to commit murder of deceased Samadhan and injured Dattatraya respectively, is already imposed ag
The main legal point established in the judgment is the significance of credible eyewitness and injured witness accounts, the application of Section 149 IPC for vicarious liability, and the relevance....
The court upheld the conviction under IPC Sections 326 and 324, emphasizing the credibility of injured witnesses and the sufficiency of evidence despite the absence of independent corroboration.
Conviction for homicide upheld based on credible eyewitness testimony; acquitted parties lacked sufficient evidence of participation in crime.
Conviction under Sections 302 and 326 of IPC requires credible ocular evidence, with emphasis on eyewitness credibility, especially from injured parties, establishing guilt despite differing roles am....
The main legal point established in the judgment is the reliance on trustworthy and reliable direct eye witness accounts, supported by medical evidence, to establish the guilt of the accused.
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