Case Note & Summary
The case arises from a criminal revision application filed by Mangesh Radheshyam Raut, the applicant/accused, challenging his conviction and sentence under Section 307 of the Indian Penal Code (IPC) for attempt to murder. The incident occurred on 06.03.2011 at about 6.00 p.m. when the informant, Nadim Ahmad (PW-1), was washing his hands and face in front of his house. The accused, a resident of the same locality, came to the informant and demanded Rs.100/- for consuming liquor. When the informant refused due to lack of money, the accused became annoyed, abused him, and then came from behind and inflicted a blow with a sharp razor (Vastara) on the informant's throat, followed by another blow on his waist. The informant sustained bleeding injuries. People gathered, apprehended the accused, and assaulted him. The informant reported the matter to the police, who referred him to the Government Hospital for medical examination. Dr. Suryakant Lodhe (PW-10) examined the informant and found a sharp cut wound on the throat and an incised wound on the waist, which were dangerous to life. Based on the report, crime No.53/2011 was registered under Section 307 IPC. The accused was arrested, and the weapon was recovered from his custody. After investigation, a charge sheet was filed. The prosecution examined 12 witnesses. The trial court convicted the accused under Section 307 IPC and sentenced him to 7 years rigorous imprisonment and a fine of Rs.500/-. The appeal before the Additional Sessions Judge, Nagpur, was dismissed. The accused then filed the present revision application. The legal issues considered were whether the conviction was sustainable based on the evidence, particularly the testimony of the injured witness and medical evidence. The arguments of the applicant's counsel centered on the alleged unreliability of the informant's testimony and the lack of independent witnesses. The state argued that the injured witness's testimony was credible and corroborated by medical evidence. The court analyzed the evidence and found that the informant's testimony was consistent, credible, and corroborated by medical evidence and the recovery of the weapon. The court held that the injuries inflicted on the throat and waist, being vital parts, clearly indicated the intention to cause death, thus constituting an attempt to murder under Section 307 IPC. The court upheld the conviction but reduced the sentence from 7 years to 5 years rigorous imprisonment, considering the accused's age and occupation. The revision application was partly allowed to the extent of sentence modification.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Credibility of Injured Witness - The conviction was based primarily on the testimony of the injured informant (PW-1), which was corroborated by medical evidence (PW-10) and the recovery of the weapon. The court held that the testimony of an injured witness is entitled to great weight and cannot be discarded lightly. (Paras 1-10) B) Criminal Law - Attempt to Murder - Section 307 IPC - Medical Evidence - The nature of injuries, including a sharp cut wound on the throat and an incised wound on the waist, indicated the intention to cause death. The doctor's opinion that the injuries were dangerous to life supported the charge under Section 307 IPC. (Paras 11-15) C) Criminal Law - Attempt to Murder - Section 307 IPC - Recovery of Weapon - The recovery of the razor (Vastara) at the instance of the accused, coupled with the evidence of the panch witnesses, strengthened the prosecution case. (Paras 16-18) D) Criminal Law - Attempt to Murder - Section 307 IPC - Motive - The motive for the attack was the refusal of the informant to give Rs.100/- to the accused for liquor. The court held that motive, though not essential, lends support to the prosecution case. (Paras 19-20) E) Criminal Law - Attempt to Murder - Section 307 IPC - Sentence - The court upheld the conviction but reduced the sentence from 7 years to 5 years rigorous imprisonment, considering the age of the accused (31 years) and the fact that he was a labourer. (Paras 21-23)
Issue of Consideration
Whether the conviction of the applicant under Section 307 of the Indian Penal Code for attempting to murder the informant by inflicting razor blows on his throat and waist is sustainable on the basis of the evidence on record.
Final Decision
The revision application is partly allowed. The conviction of the applicant under Section 307 of the Indian Penal Code is upheld. However, the sentence of rigorous imprisonment for 7 years is reduced to rigorous imprisonment for 5 years. The fine amount and default sentence remain unchanged.
Law Points
- Section 307 IPC
- Attempt to murder
- Injured witness testimony
- Medical evidence
- Credibility of witnesses
- Recovery of weapon
- Motive
- Sentence reduction
