Case Note & Summary
The appellant, Ananta Yadav Kakade, was convicted by the learned Additional Sessions Judge, Osmanabad in Sessions Case No.91 of 2009 for offences punishable under Section 307 (attempt to murder) and Section 452 (house trespass) of the Indian Penal Code, 1860 (IPC). He was sentenced to rigorous imprisonment for five years and fine of Rs.1000/- for the offence under Section 307 IPC, and rigorous imprisonment for two years and fine of Rs.1000/- for the offence under Section 452 IPC, with both sentences to run concurrently. The appellant challenged this conviction and sentence before the Bombay High Court, Aurangabad Bench. The factual background of the case is that the complainant, Vandana Dabhade, is the wife of the appellant. They were married in 1999. Initially, the appellant treated her well for about 4-5 months, but thereafter he started assaulting her and neglected her due to his addiction to liquor. Consequently, she filed a maintenance petition and left the matrimonial home to reside at her parental house in Dahitana. The appellant also resided in the same village. On 21.09.2008 at about 4.00 p.m., the appellant, armed with a sharp sickle, arrived at the parental house of the complainant where she and her mother (PW4 Nagarbai) were present. The appellant demanded that the complainant return Rs.10,000/- which she had allegedly taken from him, and then assaulted her with the sickle on her head. The complainant sustained a grievous injury and was treated at the hospital. The prosecution examined the injured complainant as PW3, her mother as PW4, and the doctor as PW1, among others. The trial court found the evidence of the injured witness credible and corroborated by medical evidence, and convicted the appellant. The High Court, after hearing the arguments, held that the testimony of the injured witness is entitled to great weight and is reliable. The medical evidence showed a fracture of the skull, indicating that the blow was delivered with sufficient force and on a vital part, which demonstrated the intention to cause death. The court also noted that the appellant entered the house armed with a sickle, which constitutes house trespass under Section 452 IPC. The court found no reason to interfere with the findings of the trial court and dismissed the appeal, upholding the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Ingredients - The prosecution must prove that the accused had the intention to cause death or knowledge that the act would cause death, and the act was done in furtherance of that intention - In the present case, the accused inflicted a sickle blow on the head of the victim, a vital part, with sufficient force causing a fracture, indicating intention to cause death - Held that the conviction under Section 307 IPC is sustainable (Paras 5-8). B) Criminal Law - House Trespass - Section 452 IPC - The accused entered the victim's parental house armed with a sharp sickle and assaulted her - The entry was with intent to commit an offence punishable with imprisonment for life, i.e., attempt to murder - Held that the conviction under Section 452 IPC is also sustainable (Paras 5-8). C) Evidence Law - Injured Witness Testimony - The testimony of the injured witness (PW3 Vandana) is given great weight and is considered reliable unless there are strong reasons to disbelieve - Her evidence was corroborated by medical evidence (PW1 Dr. Patil) and the evidence of her mother (PW4 Nagarbai) - Held that the conviction based on such evidence is proper (Paras 5-8).
Issue of Consideration
Whether the conviction of the appellant under Sections 307 and 452 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence of the injured witness and medical report.
Final Decision
The appeal is dismissed. The conviction and sentence imposed by the learned Additional Sessions Judge, Osmanabad in Sessions Case No.91 of 2009 are upheld.
Law Points
- Section 307 IPC
- attempt to murder
- intention to cause death
- grievous injury
- sharp weapon
- Section 452 IPC
- house trespass
- matrimonial dispute
- injured witness testimony
- medical evidence
- corroboration
- conviction upheld
