Case Note & Summary
The appellant, Ajit @ Bhaiyyasaheb Ganpatrao Jadhao, was convicted by the Sessions Court for the offence punishable under Section 307 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 5 years with a fine of Rs.30,000/-. He appealed against this conviction. The incident occurred on 12.05.2018 at around 9:30 a.m. near a village temple. The informant, Pradeep, is the younger brother of the appellant. There was a long-standing land dispute between them. On the day of the incident, Pradeep found his cattle shed locked and, with the help of the Village Sarpanch and others, broke open the lock and took possession. Thereafter, Pradeep went to the village temple. The appellant arrived and started beating Pradeep with fists and slaps. When Pradeep fell down, the appellant took out a knife and stabbed him on the stomach, back, and hand. Pradeep sustained bleeding injuries and was initially taken to a government hospital in Buldhana, then shifted to Dhoot Hospital in Aurangabad. The police recorded his statement the next day and registered a crime under Section 307 IPC. After investigation, the charge-sheet was filed. The trial court examined 12 prosecution witnesses, including the injured informant and the doctor. The appellant denied the charges. The trial court convicted the appellant based on the testimony of the injured witness, which was corroborated by medical evidence. In appeal, the appellant's counsel argued that the evidence was insufficient and that the incident occurred in a sudden quarrel without intention to kill. The High Court, however, found that the testimony of the injured witness was reliable and trustworthy. The medical evidence showed that the injuries were on vital parts and were sufficient to cause death. The court held that the intention to cause death was clearly established. The court also noted that the land dispute provided motive. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Injured Witness Testimony - The court considered the evidentiary value of the testimony of the injured informant, who is the brother of the accused, in a case arising from a land dispute. The court held that the testimony of the injured witness is reliable and trustworthy, especially when corroborated by medical evidence, and can form the basis of conviction. (Paras 5-7) B) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Medical Evidence - The court examined the nature of injuries inflicted with a knife on vital parts like the stomach and back, and the opinion of the doctor that the injuries were sufficient to cause death in the ordinary course of nature. The court held that the medical evidence corroborates the injured witness's version and establishes the intention to cause death. (Paras 6-8) C) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Motive - The court noted the existence of a land dispute between the brothers as the motive for the attack. The court held that while motive is not essential, its presence strengthens the prosecution case. (Para 2)
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code is sustainable based on the evidence of the injured witness and medical evidence.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the Sessions Court are upheld.
Law Points
- Section 307 IPC
- attempt to murder
- injured witness testimony
- corroboration by medical evidence
- land dispute motive
- conviction upheld
