Case Note & Summary
The appellant, Shaikh Baba S/o Shaikh Anis, was convicted by the Sessions Judge, Beed in Sessions Case No. 20/1999 for offences under Sections 307, 324, 504, 506 read with 34 of the Indian Penal Code, 1860. The alleged incident occurred on 15.07.1998 at about 9.15 to 9.30 p.m. near Tara Pan Centre, Bashirgunj, Beed. The complainant Vidya Sanjay Wadmare, wife of the injured Sanjay Wadmare (P.W.5), reported that her husband was attacked by accused Nos. 1 and 2 with a knife and gupti due to previous enmity. Sanjay sustained multiple injuries and was admitted to Civil Hospital, Beed. The prosecution examined several witnesses including the injured (P.W.5), his wife (P.W.3), and other eyewitnesses. The trial court convicted the appellant. In appeal, the High Court found that the evidence of the injured witness and other witnesses was inconsistent regarding the identity of the appellant and the manner of attack. The court noted that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Sections 307, 324, 504, 506 read with 34 IPC - Benefit of Doubt - Appeal against conviction - Prosecution case based on oral testimony of injured witness and other witnesses - Court found inconsistencies in evidence regarding identity of accused and manner of attack - Held that prosecution failed to prove guilt beyond reasonable doubt, appellant entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 307, 324, 504, 506 read with 34 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Previous enmity
- Circumstantial evidence
- Standard of proof beyond reasonable doubt
