Case Note & Summary
The revision applicant, Vinod s/o Narayan Thakre, was convicted under Section 307 of the Indian Penal Code (IPC) for attempting to murder Pushpa Janrao Akatkar on 4 October 1999. The incident occurred when the applicant went to the victim's house, dragged her out, and stabbed her on the back of her head and ear, causing incised wounds. The motive was that the victim had a love affair with the applicant and had conceived a female child from him; she insisted that he marry her and accept the child, which enraged the applicant. The trial court convicted him and sentenced him to seven years rigorous imprisonment and a fine of Rs. 1,000/-. The appellate court confirmed the conviction. In revision, the applicant challenged the conviction and sentence. The High Court examined the evidence, including the testimony of the victim (PW 5) and medical evidence, and found that the act was done with the intention to kill, as the injuries were on vital parts. The court upheld the conviction but modified the sentence, considering the applicant's young age, lack of criminal antecedents, and the fact that the incident arose from a love affair. The sentence was reduced to the period already undergone (about 3 years 7 months), and the fine was increased to Rs. 25,000/-, payable to the victim.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Conviction - Revision applicant stabbed victim on her head and ear causing incised wounds - Victim's testimony corroborated by medical evidence - Held that the act was done with intention to kill and conviction is proper (Paras 1-5). B) Criminal Law - Sentence - Section 307 Indian Penal Code, 1860 - Modification - Revision applicant was young, had no criminal antecedents, and incident arose out of love affair - Held that sentence of seven years RI is reduced to period already undergone (about 3 years 7 months) with fine increased to Rs. 25,000/- (Paras 6-7).
Issue of Consideration
Whether the conviction under Section 307 IPC is sustainable and whether the sentence of seven years RI is excessive.
Final Decision
The revision is partly allowed. The conviction under Section 307 IPC is upheld. The sentence is modified to the period already undergone (about 3 years 7 months) and the fine is enhanced to Rs. 25,000/-, payable to the victim.
Law Points
- Section 307 IPC
- Attempt to murder
- Intent to kill
- Sentence modification
- Love affair
- Stabbing
- Incised wounds
- Evidence of victim
- Medical evidence
- Motive
