Murder Conviction Upheld: Supreme Court Confirms Life Imprisonment for Unlawful Assembly Killing

The case of Kamlakar vs. State of Maharashtra revolves around the conviction of the appellant, Kamlakar, for the murder of one Dhammanand. The Supreme Court upheld the judgments of the Sessions Court and the High Court, confirming life imprisonment under Section 302 of the Indian Penal Code (IPC). The case primarily concerns an unlawful assembly that led to the fatal attack on the victim, the reliability of eyewitness testimony, and forensic evidence supporting the prosecution’s case.

The appellant was charged along with five other accused for being part of an unlawful assembly that committed murder using deadly weapons. The Sessions Court convicted Kamlakar for murder while acquitting the other accused. The High Court upheld the conviction, and the appellant then challenged the ruling before the Supreme Court.

Background of the Case

The incident occurred on March 13, 2005, in Dhanegaon, Maharashtra. The altercation began the previous night at a meeting of the Mahila Alpa Bhachat Gat near the Bouddha Mandir. During the meeting, the appellant Kamlakar allegedly accused Kailash of cutting off the electricity supply. This led to an exchange of verbal abuses and a physical altercation.

Later that night, Kailash and his father approached Baburao, the uncle of the deceased Dhammanand, to lodge a police complaint. The accused, including Kamlakar, confronted Dhammanand, allegedly luring him to settle the dispute. The prosecution claimed that once inside the house of one of the accused, Kamlakar attacked Dhammanand with a ‘katti’ (a sharp weapon), causing fatal injuries.

Petitioner’s Arguments

The defense, represented by Advocate Shri Amit Sharma, argued:

• The prosecution’s reliance on eyewitness testimony was flawed, as the witnesses could not have clearly seen the incident.
• The key witnesses, Baburao (PW-1) and Rashtrapal (PW-8), were allegedly prevented from entering the house, making their testimony unreliable.
• The recovery of the murder weapon was not convincingly established.
• The forensic evidence was inconclusive, and the prosecution failed to prove beyond a reasonable doubt that Kamlakar was responsible for the fatal injuries.
• The appellant was convicted based on weak circumstantial evidence, while all co-accused were acquitted.

Respondent’s Arguments

The prosecution, represented by Shri Nishant R. Katneshwarkar, countered:

• The eyewitness testimonies were credible and supported by forensic evidence.
• The weapon used for the murder was recovered from Kamlakar’s house, and forensic analysis confirmed the presence of blood.
• The accused had a motive, as the altercation over the power supply dispute had escalated into a deadly confrontation.
• The acquittal of co-accused did not impact Kamlakar’s conviction, as the evidence against him was strong.

Supreme Court’s Analysis

The Supreme Court analyzed key aspects of the case, including the reliability of eyewitness testimony, forensic evidence, and the legal principles surrounding unlawful assembly and individual liability in murder cases. The Court noted the following:

• The post-mortem report confirmed that the cause of death was “haemorrhagic shock due to a chop wound over the neck,” establishing it as a homicidal death.
• The testimonies of Baburao (PW-1) and Rashtrapal (PW-8) were deemed credible, despite minor inconsistencies in their statements.
• The forensic report confirmed that the recovered ‘katti’ had traces of human blood, supporting the prosecution’s claim.
• The Sessions Court and the High Court had thoroughly examined the evidence, and their findings did not warrant interference.

Key Judicial Findings

The Supreme Court ruled:

• The appellant’s conviction under Section 302 IPC was justified based on the evidence presented.
• The eyewitness testimonies, despite minor discrepancies, were reliable and corroborated by forensic evidence.
• The acquittal of the co-accused did not affect Kamlakar’s conviction, as individual guilt was established.
• The appellant’s claim that he was falsely implicated was unsupported by the evidence.
• The trial court and High Court had properly evaluated the material facts, and there was no reason to interfere with the findings.

Conclusion and Impact

The Supreme Court’s decision reinforces the importance of eyewitness testimony and forensic evidence in murder trials. The ruling clarifies that even if co-accused are acquitted, a conviction can be sustained if the evidence against the individual accused is strong.

This judgment serves as a precedent in cases involving unlawful assembly and murder, emphasizing that courts must rely on credible evidence while ensuring that procedural fairness is maintained.

Petitioner Name: Kamlakar.
Respondent Name: State of Maharashtra.
Judgment By: Justice M.R. Shah, Justice A.S. Bopanna.
Place Of Incident: Dhanegaon, Maharashtra.
Judgment Date: 31-05-2019.

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