Case Note & Summary
The appellants, Salimoddin Gulam Dastagir Shaikh and Gulam Dastagir Bahavoddin Shaikh, were convicted by the IVth Additional Sessions Judge, Jalgaon, in Sessions Case No. 82/1998 for offences punishable under Section 307 read with Section 34 of the Indian Penal Code. The prosecution case was that on 9th November 1997, the appellants assaulted the complainant, Salimoddin, with knives causing multiple injuries, including grievous injuries. The complainant and other witnesses testified, but the High Court found material contradictions and improvements in their statements. The court noted that the complainant's testimony regarding the presence of witnesses and the manner of assault was inconsistent. The medical evidence did not corroborate the exact number of injuries attributed to each accused. The court held that the prosecution failed to prove its case beyond reasonable doubt and allowed the appeal, setting aside the conviction and acquitting the appellants.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Benefit of Doubt - Appellants convicted for attempt to murder based on testimony of injured witness and other witnesses - Court found material contradictions and improvements in prosecution evidence - Held that prosecution failed to prove guilt beyond reasonable doubt, hence entitled to benefit of doubt (Paras 5-10).
Issue of Consideration
Whether the conviction of the appellants under Section 307 read with Section 34 of the Indian Penal Code is sustainable in law.
Final Decision
The appeal is allowed. The judgment and order dated 10th February 1999 passed by the IVth Additional Sessions Judge, Jalgaon, in Sessions Case No. 82/1998 is set aside. The appellants are acquitted of the offences charged. Their bail bonds stand cancelled.
Law Points
- Benefit of doubt
- Material contradictions
- Identification of accused
- Section 307 IPC
- Section 34 IPC
Case Details
2011 LawText (BOM) (02) 23
Criminal Appeal No. 65 of 1999
Mrs. Sabahat S. Kazi for Appellants, Mrs. Y. M. Kshirsagar for Respondent/State
Salimoddin Gulam Dastagir Shaikh and Gulam Dastagir Bahavoddin Shaikh
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Nature of Litigation
Criminal appeal against conviction for attempt to murder.
Remedy Sought
Appellants sought acquittal by challenging the judgment and order of conviction.
Filing Reason
Appellants were convicted under Section 307 read with Section 34 IPC for allegedly assaulting the complainant with knives.
Previous Decisions
The IVth Additional Sessions Judge, Jalgaon, convicted the appellants in Sessions Case No. 82/1998 on 10th February 1999.
Issues
Whether the prosecution proved its case beyond reasonable doubt.
Whether the conviction under Section 307 IPC is sustainable.
Submissions/Arguments
Appellants argued that the prosecution evidence was full of contradictions and improvements, and the identification of the accused was doubtful.
Respondent/State argued that the injured witness and other witnesses supported the prosecution case.
Ratio Decidendi
The prosecution failed to prove its case beyond reasonable doubt due to material contradictions and improvements in the evidence of the injured witness and other witnesses. The appellants are entitled to the benefit of doubt.
Judgment Excerpts
Heard learned counsel appearing for the appellants at length and learned Additional Public Prosecutor for the respondent/State.
This appeal takes exception to the judgment and order dated 10th February, 1999 passed by the IVth Additional Sessions Judge, Jalgaon, in Sessions Case No. 82/1998.
Procedural History
The appellants were convicted by the IVth Additional Sessions Judge, Jalgaon, on 10th February 1999 in Sessions Case No. 82/1998. They appealed to the High Court of Judicature at Bombay, Bench at Aurangabad, which heard the appeal and delivered judgment on 15th February 2011.
Acts & Sections
- Indian Penal Code, 1860: 307, 34
