Case Note & Summary
The appellant, Andre Fernandes, was convicted by the Additional Sessions Judge-1, Panaji, Goa, for the offence punishable under Section 307 of the Indian Penal Code (IPC) for attempting to murder the victim, Sweta Zantye. The prosecution case was that the accused had been persistently pursuing the victim for marriage, which she and her parents rejected. On 16.5.2006, while the victim was using a PCO near Titan shop at Mapusa, the accused assaulted her from behind with a coita (a sharp weapon), hitting her on the rear portion near the neck. When she turned, he tried to hit her head, but the coita struck her left eye. He again raised the coita, but she defended with her hands, which were also injured. People gathered and caught the accused. The victim was hospitalized and treated for injuries. The trial court convicted the accused and sentenced him to four years rigorous imprisonment and to pay Rs.1,00,000 compensation. The accused appealed against the conviction and sentence. The High Court of Bombay at Goa examined the evidence, including the victim's testimony (PW5), medical evidence (PW6 Dr. Shashikant), and other witnesses. The court found the victim's testimony to be consistent, credible, and corroborated by medical evidence showing injuries on vital parts. The court held that the intention to cause death was clearly established. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Conviction based on victim's testimony and medical evidence - The victim's consistent deposition regarding the assault with a coita on vital parts, coupled with medical evidence of grievous injuries, established the accused's intention to cause death. The court held that the trial court correctly convicted the accused under Section 307 IPC. (Paras 2-10) B) Criminal Law - Sentencing - Section 307 Indian Penal Code, 1860 - Adequacy of sentence - The accused was sentenced to four years rigorous imprisonment and compensation of Rs.1,00,000. The court found the sentence appropriate given the nature of the offence and the injuries caused. (Paras 11-12)
Issue of Consideration
Whether the conviction under Section 307 IPC is sustainable based on the evidence on record and whether the sentence is adequate or excessive.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the Additional Sessions Judge-1, Panaji, Goa in Sessions Case No. 16/2009 are upheld.
Law Points
- Section 307 IPC
- attempt to murder
- intention to cause death
- medical evidence
- victim testimony
- corroboration
- sentence adequacy
