Case Note & Summary
The appellant, Sunil alias Pona Tolaram Pore (Varma), along with three others, was prosecuted for offences under Sections 364, 307, and 326 of the Indian Penal Code (IPC) read with Section 34 IPC. The case arose from an incident on 12th April 1988, when the appellant and co-accused went to the house of the first informant, Nafajat Hasmat Pathan (PW1), at about 6:00 a.m. The appellant called out to Nafajat, who opened the door. The appellant and others were armed with choppers, while co-accused No. 1 had a revolver. They attacked Nafajat, causing grievous injuries. The trial court convicted the appellant and co-accused No. 1 under Section 326 read with Section 34 IPC and sentenced them to seven years' rigorous imprisonment. Co-accused Nos. 3 and 4 were released on probation under Section 360 of the Code of Criminal Procedure, 1973. The appellant appealed against his conviction. The High Court, after hearing arguments and reviewing the evidence, upheld the conviction, finding the testimony of PW1 and PW2 credible and corroborated by medical evidence. The court dismissed the appeal.
Headnote
A) Criminal Law - Grievous Hurt - Section 326 IPC read with Section 34 IPC - Conviction based on eyewitness testimony - The appellant and co-accused attacked the victim with choppers, causing grievous injuries. The trial court convicted the appellant under Section 326 read with Section 34 IPC. The High Court upheld the conviction, finding the evidence of eyewitnesses PW1 and PW2 credible and corroborated by medical evidence. (Paras 1-4)
B) Criminal Procedure - Probation - Section 360 CrPC - Release on probation - The trial court released co-accused Nos. 3 and 4 on probation under Section 360 CrPC, but sentenced the appellant and co-accused No. 1 to seven years' RI. The High Court did not interfere with the sentence. (Paras 1-2)
Issue of Consideration
Whether the conviction of the appellant under Section 326 read with Section 34 IPC is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence of the appellant under Section 326 read with Section 34 IPC.
Law Points
- Section 326 IPC
- Section 34 IPC
- Section 364 IPC
- Section 307 IPC
- Section 360 CrPC
- Probation of Offenders Act
- 1958
Case Details
2011 LawText (BOM) (09) 57
Criminal Appeal No.57 of 1993
Ms. Indu Verma for the Appellant, Smt. V.R. Bhosale, APP for the Respondent
Sunil alias Pona Tolaram Pore (Varma)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeal against conviction for grievous hurt under Section 326 IPC read with Section 34 IPC.
Remedy Sought
The appellant sought acquittal from the conviction and sentence imposed by the trial court.
Filing Reason
The appellant was convicted by the Additional Sessions Judge for Greater Bombay for offences under Section 326 read with Section 34 IPC and sentenced to seven years' rigorous imprisonment.
Previous Decisions
The trial court convicted the appellant and co-accused No. 1 under Section 326 read with Section 34 IPC, sentencing them to seven years' RI. Co-accused Nos. 3 and 4 were released on probation under Section 360 CrPC.
Issues
Whether the conviction of the appellant under Section 326 read with Section 34 IPC is sustainable on the basis of the evidence on record.
Submissions/Arguments
The appellant argued that the evidence was insufficient to sustain the conviction. The respondent argued that the conviction was based on credible eyewitness testimony and medical evidence.
Ratio Decidendi
The conviction under Section 326 read with Section 34 IPC is sustainable when the testimony of eyewitnesses is consistent and corroborated by medical evidence, and the appellant was part of a group that attacked the victim with choppers, causing grievous injuries.
Judgment Excerpts
The Appellant and three others were prosecuted on the allegations of having committed offences punishable under Section 364 of the IPC and Section 307 of the IPC read with Section 34 of the IPC, or, in the alternative, Section 326 of the IPC read with Section 34 of the IPC.
The learned Additional Sessions Judge for Greater Bombay found the Appellant (the original Accused No.2) and the other accused guilty of an offence punishable under Section 326 of the IPC read with Section 34 thereof.
Procedural History
The appellant and three others were tried by the Additional Sessions Judge for Greater Bombay. The trial court convicted the appellant and co-accused No. 1 under Section 326 read with Section 34 IPC and sentenced them to seven years' RI. Co-accused Nos. 3 and 4 were released on probation. The appellant filed Criminal Appeal No.57 of 1993 before the Bombay High Court. Co-accused No. 1 filed a separate appeal (Criminal Appeal No.716 of 1992), which abated upon his death. The High Court heard the appeal and dismissed it on 23rd September 2011.
Acts & Sections
- Indian Penal Code, 1860 (IPC): Section 34, Section 307, Section 326, Section 364
- Code of Criminal Procedure, 1973 (CrPC): Section 360
