This criminal appeal challenged a conviction of murder. The majority followed a separate opinion of the third Judge who held the offense was murder, dismissing the appeal.
The criminal appeal is dismissed. The appellant is entitled to set-off for detention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 212 OF 2013
Sunil s/o Vithal Raut,
Age : 28 years, Occu. Labour,
R/o Dhobi Galli, Waluj,
Taluka Gangapur,
District Aurangabad APPELLANT
(Ori. Accused No. 3)
VERSUS
The State of Maharashtra RESPONDENT
(Prosecution)
Mr. S.S. Jadhavar, Advocate for the Appellant
Mr. K.S. Patil, A.P.P. for the respondent/State
CORAM :S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : 5th JANUARY, 2017
O R D E R
Due to our divergent views in respect of the
nature of the offence established against the appellant
and the quantum of punishment, the appeal was laid
before the 3rd Hon'ble Judge of this Court for his
opinion vide Section 392 of the Code of Criminal
Procedure. Accordingly, the learned 3rd Hon'ble Judge
delivered his opinion on 14th December, 2016, after
considering the facts of the case as well as the
evidence on record. The learned 3rd Hon'ble Judge opined
that the offence established against the appellant is
2 CRIAPL212-2013
that of “murder”, punishable under Section 302 of the
Indian Penal Code and not that of “culpable homicide not
amounting to murder”, punishable under section 304 Part-
II of the Indian Penal Code.
2. The opinion of the 3rd Hon'ble Judge supports
the view taken by one of us i.e. Justice S.S. Shinde.
The judgment and order dated 25th October, 2016, passed
by Justice S.S. Shinde would follow the opinion of the
3rd Hon'ble Judge. The opinion given by the 3rd Hon'ble
Judge shall form part of this judgment. In the result,
we pass the following order :-
O R D E R
(i)The Criminal Appeal is dismissed.
(ii)The appellant shall be given set off in respect
of the period of detention undergone by him
during the investigation and trial, vide
Section 428 of the Code of Criminal Procedure.
[ SANGITRAO S. PATIL ] [S.S. SHINDE] JUDGE JUDGE
npj/CRIAPL212-2013
3 CRIAPL212-2013
2 issues framed by the court
Whether the conviction should stand as murder under Section 302 IPC or culpable homicide not amounting to murder under Section 304 Part-II IPC.
Whether the opinion of the third Judge formed under Section 392 CrPC should be followed by the majority bench.
4 provisions across 2 enactments
Sunil s/o Vithal Raut
The State of Maharashtra
S.S. Shinde
Sangitrao S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court