Supreme Court Upholds Conviction for Murder in Rajasthan: Pappi @ Mehboob vs. State of Rajasthan

The Supreme Court of India, in Pappi @ Mehboob vs. State of Rajasthan, dismissed the appeal of the appellant who had been convicted under Section 302 of the Indian Penal Code (IPC) for the murder of one Guddu @ Shahjad. The judgment affirmed the appellant’s role in the brutal assault on the deceased, with the Court upholding his conviction despite the acquittal of co-accused in the case.

Background of the Case

The case stemmed from an incident on January 15, 1998, when Guddu @ Shahjad was returning from the Meenawala Baba’s Dargah in Kota, Rajasthan. He was attacked by a group of individuals, including the appellant, Pappi @ Mehboob, and others. The attack occurred in full view of witnesses Yunus (PW-6) and Rashid (PW-9). Guddu was severely assaulted with swords, leading to 67 injuries, primarily caused by sharp objects. He succumbed to his injuries shortly thereafter.

The Trial Court’s Decision

The Additional District and Sessions Judge in Kota convicted the appellant Pappi along with four other accused persons for offenses under Sections 148, 302, and 324/149 IPC. While the appellant was convicted under Section 302 IPC for murder, other co-accused were acquitted of some charges. Notably, accused Sabir (Accused No. 3) was acquitted of all charges, and co-accused Gyani (Accused No. 4), Hemu (Accused No. 6), and Laxman (Accused No. 5) were acquitted of the charges related to Sections 302, 148, and 324/149 IPC.

Appeal Before the High Court

The appellant, along with other co-accused, appealed the conviction before the Rajasthan High Court, challenging the findings of the trial court. In its judgment, the High Court upheld the conviction of the appellant under Section 302 IPC for the murder of Guddu. However, the High Court acquitted three co-accused — Gyani, Hemu, and Laxman — based on the principle of benefit of doubt. The High Court relied heavily on the testimony of key witnesses and the lack of conclusive evidence against the acquitted individuals.

Supreme Court’s Observations

1. Credibility of the Witnesses

The Supreme Court examined the testimonies of witnesses Yunus (PW-6) and Rashid (PW-9), both of whom had provided consistent accounts of the incident. The Court remarked:

“Yunus (PW-6), an injured eye-witness, was present at the scene of the attack and his testimony regarding the involvement of the appellant in the assault is both credible and natural. Rashid (PW-9), an independent witness, corroborates Yunus’s account of the attack on Guddu.”

2. Appellant’s Direct Involvement

The Court specifically focused on the role of the appellant in the murder. It noted:

“The appellant, Pappi @ Mehboob, was the first to attack Guddu with a sword, followed by other co-accused. The prosecution has clearly established the appellant’s involvement in the commission of the murder.”

3. Lack of Sufficient Evidence for Co-Accused

As for the acquittal of the co-accused, the Supreme Court agreed with the High Court’s decision, stating:

“The evidence against co-accused Gyani, Hemu, and Laxman was not sufficient to convict them. They were given the benefit of doubt based on the inconsistencies in the evidence and the fact that they did not play a leading role in the murder.”

4. Discrepancy in the Case of Sabir

The Court also examined the case of accused Sabir, who was acquitted by the trial court. The Court held that:

“Sabir’s acquittal was justified due to the lack of direct evidence linking him to the crime. His name was not mentioned in the FIR, and the identification of his role came later from the witness Yunus (PW-6), which was inconsistent with earlier statements.”

5. The Impact of the Acquittal of Other Co-Accused

On the appellant’s claim for acquittal based on the acquittals of the other co-accused, the Court firmly disagreed, stating:

“The acquittal of other co-accused, including Gyani, Hemu, and Laxman, does not provide grounds for the appellant’s acquittal. The appellant’s involvement in the murder is established by the unshaken testimony of witnesses and the physical evidence recovered, including the sword.”

Final Judgment

The Supreme Court dismissed the appellant’s appeal, affirming his conviction under Section 302 of the IPC for the murder of Guddu. The Court concluded:

• The appellant’s conviction is supported by consistent and credible witness testimony, physical evidence, and circumstantial factors.
• Despite the acquittal of co-accused, the appellant’s role in the murder remains undeniable based on the available evidence.
• The High Court’s decision to acquit other co-accused does not affect the appellant’s individual conviction for the murder.

Key Takeaways

• Direct Evidence is Crucial: The Court reaffirmed the importance of credible direct evidence, especially from eye-witnesses, in securing convictions.
• Acquittal of Co-Accused Doesn’t Guarantee Appeal Success: The acquittal of other co-accused based on doubt does not automatically lead to the acquittal of the appellant, if their involvement is clearly proven.
• Physical Evidence is Pivotal: The recovery of the weapon used in the crime and the corroborative physical evidence was crucial in sustaining the appellant’s conviction.
• Judicial Scrutiny in Criminal Appeals: The Supreme Court carefully examined the lower court’s reasoning and found that the conviction was well-founded and did not warrant interference.

Conclusion

The Supreme Court’s ruling in Pappi @ Mehboob vs. State of Rajasthan underlines the importance of eyewitness testimony and physical evidence in criminal cases. The judgment clarifies that even if some co-accused are acquitted, the guilt of the appellant can still be proven based on strong and consistent evidence.

Petitioner Name: Pappi @ Mehboob.
Respondent Name: State of Rajasthan.
Judgment By: Justice A.M. Khanwilkar, Justice Ajay Rastogi.
Place Of Incident: Kota, Rajasthan.
Judgment Date: 05-02-2019.

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