Case Note & Summary
The appellant, Deepak s/o Rambhau Pandit, was convicted by the 4th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.226/2001 for an offence punishable under Section 326 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for two years and a fine of Rs.1,000, with default rigorous imprisonment for three months. The criminal law was set into motion on 03.07.2001 when Gajanan Ugale (PW6) lodged an oral report. According to the report, on that day at 10:00 AM, the injured Narendra (PW3), cousin of the first informant, was proceeding towards his house after closing his shop, accompanied by Dilip Munde (PW2). At that time, the appellant, his brother Madan, and an unknown person came on a scooter and assaulted Narendra with a knife, then fled. The first informant and others rushed Narendra to Irwin Hospital, Amravati. Police Inspector Hanumantrao Wadde (PW14) registered a crime against the appellant, his brother, and an unknown person under Section 307 read with Section 34 IPC. He visited the spot, prepared a spot panchanama, seized a scooter, and recorded witness statements. The appellant and Madan were arrested by PSI Shaukat Ali (PW13) and later taken into custody by PW14. During police custody, the appellant gave a discovery statement and led to the recovery of a 'Katyar' (knife) under seizure panchanama. The investigation was later completed by Lalsingh Rathod (PW15), who filed the charge sheet. The trial court convicted the appellant under Section 326 IPC. The appellant challenged the conviction in the High Court. The High Court, after considering the evidence, including the medical evidence showing a dangerous injury and the recovery of the weapon at the instance of the appellant, upheld the conviction. The court noted that although the first informant turned hostile, the prosecution case was supported by other evidence. The appeal was dismissed.
Headnote
A) Criminal Law - Grievous Hurt - Section 326 IPC - Conviction Upheld - Appellant convicted for causing grievous hurt by knife attack - Medical evidence showed dangerous injury - Recovery of weapon at instance of appellant - Hostile witness did not affect prosecution case - Held that conviction was proper (Paras 1-4).
Issue of Consideration
Whether the conviction of the appellant under Section 326 of the Indian Penal Code for causing grievous hurt by a knife attack is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The judgment and order of conviction dated 04.02.2006 passed by the 4th Ad hoc Additional Sessions Judge, Amravati in Sessions Trial No.226/2001 is upheld.
Law Points
- Section 326 IPC
- Grievous Hurt
- Knife Attack
- Hostile Witness
- Medical Evidence
- Recovery of Weapon
- Conviction Upheld
