In a significant verdict, the High Court has upheld the conviction of Accused Nos. 1-6 in the case related to the tragic murder of Mohan Mungase. The accused were found guilty of forming an unlawful assembly with the common intention to commit the heinous crime. This judgment marks a crucial step towards ensuring justice for the victims and their families. The Court’s decision reinforces the principles of law and accountability in cases of serious offenses.
Facts
- High Court of Judicature at Bombay dismissed the criminal appeals of appellants confirming the judgment of the Trial Court convicting accused Nos. 1-6 including appellants A-3, A-5 & A-6 for various offences under IPC.
- A-7 and A-8 were acquitted by the High Court.
- The Trial Court acquitted accused Nos. 7 & 8, convicted remaining accused Nos. 1-6 for an offence under Section 302 r/w 149 of IPC and sentenced them to rigorous imprisonment for life and fine.
- Two separate appeals arising from the judgment were clubbed together by the Court.
- Criminal Appeal No 412/2012 filed by accused Nos. 5 & 6, and Criminal Appeal No 651/2013 filed by accused No 3.
- On 06.02.1999 at about 7:00 pm, accused Nos. 1, 3, 4, 5, and 6 abused and threatened the deceased Mohan Mungase at a shop in Village Borale.
- The accused were involved in a group assault with deadly weapons, leading to the death of Mohan Mungase and injuries to Nandkumar Mungase (PW-5) and Maruti Nakate (PW-7).
- Accused Nos. 2 and 3 are sons of Mama Bhojane, who had entrusted a country liquor shop to the deceased and his brother before the incident.
- The prosecution case was based on the testimony of witnesses like Nandkumar Mungase (PW-5), Savita (PW-4), and Constable Mahadeo (PW-9).
- The accused were armed with swords and formed an unlawful assembly with a common object to murder Mohan Mungase.
- Charges under sections 148, 302, and 307 read with 149 were framed against the accused.
- The witnesses described how the accused attacked the victims inside Mama Bhojane’s house.
- The injured were taken to the hospital, and a report was lodged by Savita (PW-4) at the police station.
- The statement of Constable Mahadeo (PW-9) corroborated the events described by the other witnesses.
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Analysis
- Accused A-5 and A-6 were part of an unlawful assembly with the common intention to kill the deceased.
- Both A-5 and A-6 were armed with swords and actively participated in the surrounding and threatening of the deceased.
- Their presence at the scene of the crime along with other accused was established, leading to their conviction under Section 149 IPC.
- Despite not being specifically assigned a role or weapon, their presence with deadly weapons showed their common intention to harm the deceased.
- The motive for their actions stemmed from a dispute over a country liquor shop entrusted to the deceased and his brother.
- The assembly of accused at the house of Mama Bhojane, armed with deadly weapons, was to settle a score with the deceased and his brother.
- The courts rightly held A-5 and A-6 guilty of the offence under Section 149 IPC for their active participation in the unlawful assembly with a common object to kill the deceased.
- Submission to reduce the sentence due to already undergone incarceration of over 13 years is dismissed as minimum sentence for murder is life imprisonment
- Eligibility for remission or premature release can be pursued in accordance with State’s policy
- Any application for remission or premature release will be considered expeditiously by the relevant authority
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Case Title: SURESH DATTU BHOJANE Vs. THE STATE OF MAHARASHTRA (2024 INSC 468)
Case Number: Crl.A. No.-000412-000412 – 2012
