Case Note & Summary
The appellants, Babu Appa Dongre (appellant No.1) and Krishna alias Sadashiv Appa Dongre (appellant No.2), were convicted by the Additional Sessions Judge, Gadhinglaj, in Sessions Case No.20 of 1996. Appellant No.1 was convicted under Section 307 of the Indian Penal Code (IPC) for attempt to murder and sentenced to five years rigorous imprisonment and a fine of Rs.5000. Appellant No.2 was convicted under Section 323 IPC for voluntarily causing hurt and sentenced to simple imprisonment till the rising of the court and a fine of Rs.1000. The incident occurred on 23 June 1994 during a Bendur festival procession in Bhadvan village, Kolhapur. The victim, Changunabai (PW5), was assaulted by appellant No.1 with an axe on her head and by appellant No.2 with a yoke on her shoulder. The medical evidence showed a cut sharp wound on the left side of the frontal region, described as grievous. The appellants challenged the conviction, arguing that the offence under Section 307 IPC was not made out as there was no intention to cause death. The court analyzed the nature of the injury and the medical officer's testimony, noting that the injury was not on a vital part and the doctor did not state it was sufficient to cause death in the ordinary course of nature. The court held that the offence under Section 307 IPC was not established, but the act of appellant No.1 fell under Section 324 IPC (voluntarily causing hurt by dangerous weapons). The conviction under Section 307 IPC was modified to Section 324 IPC, and the sentence was reduced to the period already undergone (about 14 years ago) and a fine of Rs.5000. The conviction of appellant No.2 under Section 323 IPC was upheld, but the sentence was reduced to the period already undergone. The appeal was partly allowed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Reduction of Conviction - The court considered whether the injury inflicted by an axe on the head of the victim amounted to an attempt to murder. Held that the injury was on the left side of the frontal region, not a vital part, and the medical officer did not state it was sufficient in the ordinary course of nature to cause death. The conviction under Section 307 IPC was modified to Section 324 IPC (voluntarily causing hurt by dangerous weapons) (Paras 5-6). B) Criminal Law - Voluntarily Causing Hurt - Section 323 Indian Penal Code, 1860 - Conviction Upheld - The court upheld the conviction of appellant No.2 under Section 323 IPC for assaulting the victim with a yoke, causing simple hurt (Para 7).
Issue of Consideration
Whether the conviction under Section 307 IPC for attempt to murder is sustainable when the injury is on a non-vital part and there is no evidence of intention to cause death
Final Decision
Appeal partly allowed. Conviction of appellant No.1 under Section 307 IPC is modified to Section 324 IPC. Sentence reduced to the period already undergone (about 14 years ago) and fine of Rs.5000, in default S.I. for six months. Conviction of appellant No.2 under Section 323 IPC is upheld, but sentence reduced to the period already undergone. Fine, if paid, to be refunded.
Law Points
- Section 307 IPC requires intention to cause death or knowledge that act is likely to cause death
- Section 324 IPC for voluntarily causing hurt by dangerous weapons
- Section 323 IPC for voluntarily causing hurt
- Section 34 IPC for common intention
