Case Note & Summary
The State of Maharashtra appealed against the acquittal of Rajmahendrasingh D. Pardeshi, a police constable, who was charged with offences under Sections 307 (attempt to murder) and 286 (negligent conduct with explosive substance) of the Indian Penal Code, and Section 66(1)(b) of the Bombay Prohibition Act, 1949. The incident occurred on 13th July 1993, when the accused, while on security duty at the Central Jail, Nashik Road, allegedly fired three rounds from his rifle at other police officers, including Constable Shaikh (PW-10) and Constable Palde (PW-9), and at a police mobile van. No one was injured. The accused was also alleged to have consumed liquor while on duty. The trial court acquitted the accused on 30th November 1994. The High Court, in appeal, examined the evidence and found that the prosecution witnesses were unreliable and their testimonies were contradictory. The court noted that the accused had no motive to kill his colleagues, and the firing, if any, was not aimed at anyone with intent to cause death. The medical evidence regarding consumption of liquor was also not credible. The High Court held that the trial court's acquittal was based on a proper appreciation of evidence and did not warrant interference. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to Kill - The prosecution failed to prove that the accused had the intention or knowledge to cause death when he fired shots from his rifle, as no one was injured and the evidence was unreliable. Held that the acquittal was proper (Paras 1-10). B) Criminal Law - Negligent Conduct with Explosive Substance - Section 286 IPC - The prosecution did not establish that the accused acted negligently with a rifle, as the weapon was used in the course of duty and no injury resulted. Held that the charge was not made out (Paras 1-10). C) Criminal Law - Prohibition - Section 66(1)(b) of Bombay Prohibition Act, 1949 - Consumption of Liquor - The evidence of the medical officer and panch witnesses was unreliable and contradictory, and the prosecution failed to prove that the accused consumed liquor while on duty. Held that the acquittal was justified (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondent-accused for offences under Sections 307 and 286 of IPC and Section 66(1)(b) of the Bombay Prohibition Act, 1949 was justified.
Final Decision
The appeal is dismissed. The order of acquittal passed by the Assistant Sessions Judge, Nashik on 30/11/1994 in Sessions Case No.184 of 1993 is upheld.
Law Points
- Acquittal upheld
- lack of intention to kill
- unreliable witnesses
- no injury caused
- benefit of doubt
- Section 307 IPC requires intention or knowledge
- Section 286 IPC requires negligent conduct with explosive substance
- Bombay Prohibition Act requires proof of consumption of liquor
