Case Note & Summary
The case arises from an incident on 18th March 1997 at Gadge Nagar, Akola, where the appellants, Sk. Kalu Sk. Ibrahim, Sk. Salim @ Shaikhji Sk. Ibrahim, and Sabirsha Mubaraksha, along with others, were involved in a violent altercation. The prosecution case, based on the evidence of injured witnesses Radhesham Shrivas (PW1), Sunil Ambhore (PW2), and Devanand Jadhav (PW3), was that the appellants formed an unlawful assembly and assaulted the victims with weapons like sticks and a knife, causing grievous injuries. The incident began when Devanand's bicycle accidentally dashed against a Luna driven by accused Sk. Annu, leading to an exchange of words. Later, the appellants, along with others, armed with weapons, went to the house of Radhesham and assaulted him and his family members. The trial court convicted the appellants under Sections 148, 149, 307, 326, 323, and 452 of the Indian Penal Code and sentenced them to various terms of imprisonment. On appeal, the High Court of Bombay at Nagpur Bench heard the matter. The court examined the evidence of the injured witnesses, which it found credible and consistent. The court noted that the injuries inflicted were grievous but not on vital parts, and there was no evidence of intention to cause death. Therefore, the court held that the offence under Section 307 IPC (attempt to murder) was not made out and converted it to Section 326 IPC (voluntarily causing grievous hurt by dangerous weapons). The court upheld the convictions under Sections 148, 326, 323, and 452 IPC, but set aside the conviction under Section 307 IPC. The sentences were modified accordingly, and the appellants were directed to undergo the sentences already undergone, as they had already served a substantial part of the sentence. The appeal was partly allowed.
Headnote
A) Criminal Law - Unlawful Assembly - Common Object - Sections 148, 149 IPC - The prosecution must prove that the accused were members of an unlawful assembly with a common object. In this case, the evidence of injured witnesses established that the appellants formed an unlawful assembly and assaulted the victims. The court upheld the conviction under Section 148 IPC and the vicarious liability under Section 149 IPC for the offences committed in prosecution of the common object. (Paras 1-10) B) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to Cause Death - The offence under Section 307 IPC requires an intention to cause death or such bodily injury as is likely to cause death. The court found that the injuries inflicted, though grievous, were not on vital parts and there was no evidence of intention to kill. Hence, the conviction under Section 307 IPC was set aside and converted to Section 326 IPC. (Paras 11-15) C) Criminal Law - Grievous Hurt - Section 326 IPC - Voluntarily Causing Grievous Hurt by Dangerous Weapons - The evidence showed that the appellants used weapons like sticks and a knife, causing grievous injuries to the victims. The court upheld the conviction under Section 326 IPC as the injuries were grievous and caused by dangerous weapons. (Paras 16-20) D) Criminal Law - House Trespass - Section 452 IPC - Trespass After Preparation for Hurt - The prosecution proved that the appellants entered the house of the complainant with the intention of assaulting the inmates. The court upheld the conviction under Section 452 IPC. (Paras 21-25) E) Evidence Law - Injured Witnesses - Credibility - Minor Contradictions - The testimony of injured witnesses is given great weight. Minor contradictions do not discredit their evidence. The court relied on the consistent evidence of PW1, PW2, and PW3 to uphold the conviction for the offences proved. (Paras 26-30)
Issue of Consideration
Whether the conviction of the appellants under Sections 148, 149, 307, 326, 323 and 452 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
Appeal partly allowed. Conviction under Section 307 IPC set aside and converted to Section 326 IPC. Convictions under Sections 148, 326, 323, and 452 IPC upheld. Sentences modified to the period already undergone.
Law Points
- Unlawful assembly
- Common object
- Grievous hurt
- Attempt to murder
- Rioting
- House trespass
- Appreciation of evidence
- Injured witnesses
- Minor contradictions
