Case Note & Summary
The appellant, Chandan Vagurmekar, was convicted by the Additional Sessions Judge, Panaji, for the offence punishable under Section 307 of the Indian Penal Code (IPC) for attempting to murder Deepak Redkar. The incident occurred on 22.3.2008 at around 1.30 a.m. after Holi celebrations at Rawargadi Temple, Nachinola. The appellant was seen assaulting Sandesh Volvoikar, and when Deepak Redkar intervened, the appellant caught hold of his collar, abused him, and suddenly stabbed him on the left side of his stomach with a Swiss Army Knife. Deepak was taken to the Health Centre at Aldona, then referred to Asilo Hospital, Mapusa, and later shifted to GMC, Bambolim. The First Information Report was lodged by Dinesh Redkar (PW.3) and recorded by PW.9 Tulshidas Dhavaskar. Investigation was conducted by PW.10 PSI Harish Bhatta. The trial court convicted the appellant under Section 307 IPC and sentenced him to rigorous imprisonment for four years and a fine of Rs.5,000/-. The appellant appealed against the conviction. The High Court of Bombay at Goa heard the appeal. The court considered the evidence of eyewitnesses PW.3, PW.5, and PW.7, who consistently testified about the stabbing. The court held that the nature of the injury, the weapon used (Swiss Army Knife), and the vital part of the body (stomach) clearly indicate an intention to cause death. The court found no reason to interfere with the conviction and dismissed the appeal. The court also noted that the appellant had been acquitted of the offence under Section 504 IPC. The fine amount was ordered to be paid to the victim as compensation.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to Cause Death - The appellant stabbed the victim on the left side of his stomach with a Swiss Army Knife during a Holi celebration. The court held that the nature of the injury, the weapon used, and the vital part of the body targeted clearly indicate an intention to cause death, and the conviction under Section 307 IPC was justified. (Paras 2-4) B) Evidence - Witness Testimony - Credibility - The prosecution examined eyewitnesses PW.3, PW.5, and PW.7 who consistently testified about the stabbing incident. The court found their testimony credible and reliable, and the conviction was based on their evidence. (Paras 3-4)
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code for attempting to murder the victim by stabbing him with a Swiss Army Knife is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence under Section 307 IPC.
Law Points
- Attempt to murder
- Section 307 IPC
- intention to cause death
- nature of injury
- weapon used
- stabbing on vital part
