Case Note & Summary
The appellant, Kedar Lalkha Tadvi, was convicted by the Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.29 of 2013 for the offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC) for attempting to murder his wife, Mahemuda. The prosecution alleged that on 11.03.2013, the accused poured kerosene on the informant and set her on fire, causing burn injuries. The informant, Mahemuda, was the wife of the accused and had been married for 17-18 years. They had three children who lived with the informant's mother. On the day of the incident, the informant was washing a dhoti in the bathroom when the accused demanded food. After she gave him food, he poured kerosene from a glass bottle on her and ignited a matchstick, causing her saree to catch fire. She extinguished the fire with water and later went to the police station and hospital. The FIR was registered based on her statement. The trial court convicted the accused based on the testimony of the informant and other witnesses. The accused appealed to the High Court. The High Court examined the evidence and found several inconsistencies. The informant's testimony regarding the pouring of kerosene and the ignition was not corroborated by the medical evidence, which showed that the burns were not consistent with a kerosene fire. Additionally, the informant had not mentioned the kerosene smell or the bottle in her initial statement to the doctor. The court also noted that the accused had not fled the scene and that the informant's conduct was unusual. The court held that the prosecution failed to prove its case beyond reasonable doubt and that the accused was entitled to the benefit of doubt. The appeal was allowed, and the conviction and sentence were set aside. The accused was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Burden of Proof - The prosecution must prove beyond reasonable doubt that the accused intended to cause death or knew that the act was likely to cause death. In this case, the evidence of the injured witness was inconsistent with the medical evidence and other circumstances, leading to doubt. Held that the conviction cannot be sustained and the accused is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.29 of 2013 are set aside. The appellant is acquitted of the offence punishable under Section 307 of the Indian Penal Code, 1860. His bail bonds stand cancelled.
Law Points
- Section 307 IPC
- Attempt to murder
- Burden of proof
- Inconsistencies in evidence
- Benefit of doubt
