Case Note & Summary
The appellant, Pandurang s/o Tukaram Shinde, was convicted by the Special Judge, Beed in Sessions Case No. 53 of 1998 for an offence punishable under Section 325 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/-, in default, to undergo rigorous imprisonment for 15 days. The alleged incident occurred on 7.9.1998 at about 1.30 p.m. in the forest at village Karchundi. The prosecution case, as stated by P.W.1 Murlidhar Zhade, a forest department employee, was that the appellant assaulted him with a stick, causing grievous hurt. The trial court convicted the appellant based on the testimony of P.W.1. The appellant challenged the conviction and sentence in the High Court. The High Court examined the evidence and found that the testimony of P.W.1 was inconsistent and that the identification of the appellant was doubtful. The court noted that the prosecution had not examined other independent witnesses and that the medical evidence did not conclusively support the prosecution's version. Consequently, the High Court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt and allowed the appeal, setting aside the conviction and sentence. The appellant was acquitted of the charge under Section 325 IPC.
Headnote
A) Criminal Law - Grievous Hurt - Section 325 IPC - Conviction based on doubtful identification - The appellant was convicted for causing grievous hurt to a forest officer. The High Court found the evidence of the sole eyewitness inconsistent and the identification of the appellant doubtful. Held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellant is entitled to acquittal. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 325 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the charge under Section 325 IPC.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Section 325 IPC
- Criminal appeal against conviction
