Case Note & Summary
The appellant, Vikrant Vilas Mane, was convicted by the Additional Sessions Judge, Pune, for offences under Sections 307 and 506(II) of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for ten years and five years respectively. The case arose from an incident on 14th January 2013, where the complainant, Sandip Dashrath Dherange, alleged that the appellant stabbed him with a knife after a dispute over a handloan of Rs.50,000. The appellant appealed against the conviction. The High Court examined the evidence, particularly the testimonies of eyewitnesses PW2 (complainant) and PW3 (Jitu Joshi). The court found material contradictions between their versions regarding the manner of stabbing and the presence of other witnesses. The identification of the appellant was also doubtful as the incident occurred in a crowded area and the appellant was known to the witnesses. The court held that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted. The criminal application for bail was disposed of as infructuous.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Conviction set aside due to material contradictions in evidence of eyewitnesses and doubtful identification of accused - Held that prosecution failed to prove guilt beyond reasonable doubt (Paras 1-13). B) Criminal Law - Criminal Intimidation - Section 506(II) Indian Penal Code, 1860 - Conviction set aside as the alleged threat was not proved beyond reasonable doubt - Held that the evidence was insufficient to sustain conviction (Paras 1-13).
Issue of Consideration
Whether the conviction of the appellant under Sections 307 and 506(II) of the Indian Penal Code, 1860 is sustainable in law given the material contradictions in the prosecution evidence and the doubtful identification of the accused.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted. Criminal application disposed of as infructuous.
Law Points
- Benefit of doubt
- Material contradictions
- Identification of accused
- Proof beyond reasonable doubt
- Section 307 IPC
- Section 506(II) IPC
