Case Note & Summary
The case pertains to an appeal against conviction under Section 307 of the Indian Penal Code, 1860. The appellant, Chandrakant Bhikaji Walawalkar, along with a co-accused (since deceased), was convicted by the Sessions Judge, Solapur, for attempting to murder the complainant by strangulation. The prosecution alleged that on 10th August 1995, the complainant and the accused were on a pleasure trip. After lunch, while returning, the accused alighted to answer nature's call, and upon return, the co-accused attempted to strangulate the complainant with a wire while the appellant caught hold of his hands. The complainant fell unconscious and regained consciousness after four hours, then went to a hotel and narrated the incident. The trial court convicted both accused. On appeal, the High Court examined the evidence, particularly the testimony of the complainant (PW-8). The court found several contradictions and improvements in his testimony, including discrepancies regarding the time of the incident, the manner of strangulation, and the presence of others. The court noted that the complainant's version was not corroborated by independent witnesses and that the medical evidence did not support the alleged strangulation. The court concluded that the prosecution had not proved its case beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the appellant.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Unreliable Testimony - The appellant was convicted for attempt to murder based on the sole testimony of the complainant, which was found to be contradictory and unreliable. The court held that the prosecution failed to prove its case beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 1-9)
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
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 307 IPC. Fine, if paid, to be refunded.
Law Points
- Section 307 IPC
- Attempt to murder
- Unreliable testimony
- Benefit of doubt
- Acquittal
