Murder Conviction Upheld: Supreme Court Reinforces Common Intention Doctrine

The Supreme Court of India, in the case of Asif Khan vs. State of Maharashtra & Anr., upheld the conviction of Asif Khan under Section 302 read with Section 34 of the Indian Penal Code (IPC). The ruling reinforces the doctrine of common intention and clarifies the evidentiary standards required for proving premeditated homicide.

Background of the Case

The case stems from an incident on October 21, 2010, at Bazar Pati Chowk, Maharashtra. The complainant and his brother Sardarkha were present when the accused approached them and requested permission to draw excess water from a common well due to a load shedding issue. The complainant refused, stating that water should be drawn by rotation. This led to a heated argument.

The accused left the scene but returned within 10 minutes, armed with a deadly weapon. In the ensuing altercation:

Accused No.1, Nasibkha, stabbed Sardarkha on the right rib with a knife.
Accused No.2, Asif Khan, held Sardarkha’s neck, restraining him.
Accused Nos. 3 and 4 assaulted the complainant with fists and blows.

Sardarkha was rushed to Ghati Hospital, Aurangabad, where he was declared dead.

Trial Court Judgment

The trial court found:

Accused Nos. 1 and 2 were guilty of homicide but under Section 304 Part II IPC (culpable homicide not amounting to murder) and sentenced them to 10 years of rigorous imprisonment with a fine of Rs. 5,000.
Accused Nos. 3 and 4 were acquitted due to lack of evidence.

High Court Ruling

The prosecution and the complainant appealed, seeking a harsher conviction under Section 302 IPC (murder). The Bombay High Court ruled:

There was sufficient evidence proving that Accused Nos. 1 and 2 acted with premeditation.
The accused had left the scene and returned armed with a knife, indicating intent to kill.
The defense argument that the attack was spontaneous and unplanned was rejected.
Accordingly, the court convicted both Asif Khan and Nasibkha under Section 302 read with Section 34 IPC.

Appeal to the Supreme Court

Asif Khan alone appealed before the Supreme Court, challenging his conviction under Section 302 IPC.

Arguments by the Appellant (Asif Khan)

The appellant’s counsel argued:

The altercation occurred spontaneously, and there was no common intention to commit murder.
Asif Khan only restrained the victim but did not inflict any fatal injuries.
His role did not warrant a murder conviction under Section 302 IPC.
The trial court correctly convicted him under Section 304 Part II IPC, and the High Court erred in enhancing the sentence.

Arguments by the State of Maharashtra

The prosecution contended:

Both accused left the scene and returned with a deadly weapon, demonstrating premeditated intent.
Asif Khan actively participated by restraining the victim, facilitating the fatal stabbing.
Common intention under Section 34 IPC was established, justifying his conviction under Section 302.

Supreme Court’s Observations

The Supreme Court analyzed the evidence and made the following key observations:

Common intention need not be premeditated over a long period; it can develop in a short span.
Asif Khan holding the victim’s neck enabled Nasibkha to stab him fatally.
The duo’s return with a knife within 10 minutes indicated a planned assault.
The act was not just a fight over water but a deliberate attack, fulfilling the ingredients of Section 302 IPC.

The Court ruled:

“When both accused returned to the scene armed with a weapon, the common intention is clearly established. The accused held the deceased to ensure that the fatal blow could be inflicted. The High Court was correct in convicting the appellant under Section 302 read with Section 34 IPC.”

Final Judgment

The Supreme Court upheld the High Court’s decision:

Asif Khan’s conviction under Section 302 IPC was affirmed.
The appeal was dismissed.
The previous sentencing under Section 304 Part II IPC was overturned.

Conclusion

This ruling reaffirms the principle that common intention need not be long-planned and can develop instantly before the commission of an offense. By upholding Asif Khan’s conviction under Section 302 IPC, the Supreme Court reinforced the liability of accomplices who facilitate an act of murder.

Petitioner Name: Asif Khan.
Respondent Name: State of Maharashtra & Anr..
Judgment By: Justice Ashok Bhushan, Justice K.M. Joseph.
Place Of Incident: Bazar Pati Chowk, Maharashtra.
Judgment Date: 05-03-2019.

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