SC: Circumstances and forensic report play a pivotal role in determining the intention of a crime

The Apex Court on 31.05.2019, in Kamlakar v State of Maharashtra, had dismissed the appeal filed by the appellant wherein he was held guilty of murdering the deceased.

 FACTS:
The appellant being the accused No.1  in the Sessions Case proceedings with five other accused had been charged of various offences under Sections 147, 148 and 302 read with Section 149 of the IPC on being participants of an unlawful assembly with pursuance to a common object, thereby causing riots and in possession of deadly weapons while committing murder of the victim leading of the conviction of the appellant for being held under the offence of murder  followed by an imprisonment of lifetime along with fine by the Sessions Court  although facing an acquittal of  the  charge under Section 147, 148 of IPC while  the other accused had faced the acquittal.

Being aggrieved an appeal was made before the High Court of Judicature at Bombay. Likewise, the State being aggrieved by the   other accused being acquitted had also assailed the decision rendered by the Court in criminal appeals that were eventually dismissed thereby affirming the decision of the Sessions Court.

Subsequently an appeal was made before the Apex Court.

DECISION HELD BY THE SUPREME COURT OF INDIA:

The Apex Court while affirming the judgment passed by the lower Courts and  dismissing the appeal  held that  the death was a result of the heavy blow inflicted upon the victim and that there was presence of  intention when due consideration was given to the circumstance  that was corroborated with  the  forensic report thereby holding the appellant guilty of murder.