Case Note & Summary
The appellant, Walmik Baburao Karad, was convicted by the learned Ad-hoc Additional Sessions Judge, Ambejogai, District Beed, in Sessions Case No. 93 of 2005 for offences punishable under Sections 307 (attempt to murder) and 353 (assault on public servant) of the Indian Penal Code, 1860. He was sentenced to rigorous imprisonment for two years and a fine of Rs.7,000/- for the first offence, and rigorous imprisonment for one year and a fine of Rs.2,000/- for the second offence. Dissatisfied with the conviction, the appellant preferred an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 before the Bombay High Court. The prosecution case was that on 21-01-2002, a function of the political party 'Bhartiya Yuva Morcha' was held at village Aswalamba. Police personnel were deployed for bandobast duty. During the function, a person named Shivaji Mundhe allegedly made obscene comments, leading to chaos. The appellant was accused of attacking police personnel with a knife, causing injuries. The trial court convicted the appellant based on the testimony of police witnesses. However, the High Court found that the evidence of the eyewitnesses was inconsistent and unreliable. The identification of the appellant as the assailant was doubtful, and the prosecution failed to prove its case beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Identification of Accused - Prosecution case based on alleged attack on police personnel during a political function - Evidence of eyewitnesses found inconsistent and unreliable - Court held that the prosecution failed to prove the identity of the appellant as the assailant beyond reasonable doubt - Conviction set aside (Paras 1-10). B) Criminal Law - Assault on Public Servant - Section 353 IPC - Obstruction of Duty - Allegation that accused assaulted police officers while they were discharging duty - Court found that the evidence of police witnesses was contradictory and lacked corroboration - Held that the prosecution did not establish the offence under Section 353 IPC (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 307 and 353 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Doubtful identification
- Failure to prove guilt beyond reasonable doubt
