Case Note & Summary
The case involves two criminal appeals arising from the same judgment and order of conviction and sentence passed by the trial court. The appellants, who were accused Nos. 1 to 3, were convicted for offences punishable under Sections 307, 324, 506 read with Section 34 of the Indian Penal Code (IPC). The prosecution case was that on the night between 1st and 2nd July 2001, at about 4:00 a.m., the complainant Suresh Thapa and his family were sleeping in their house at Nepali Chawl, Ghatkopar (West). The electric supply to the house was disrupted, and when the complainant's mother Kamala (PW-8) and other family members went to check, the appellants, along with one Mohan Patankar (who was not an appellant), attacked them with knives and sticks. The appellants were known to reside in the same vicinity and were frequent visitors. The incident resulted in injuries to several family members. The trial court convicted the appellants under Section 307 IPC (attempt to murder) and sentenced them to seven years' rigorous imprisonment, under Section 324 IPC (voluntarily causing hurt by dangerous weapons) to three years' rigorous imprisonment, and under Section 506 IPC (criminal intimidation) to one year's rigorous imprisonment, with fines and default sentences. The appellants challenged the conviction before the High Court. The High Court, after hearing the arguments and examining the evidence, upheld the conviction. The court noted that the evidence of injured witnesses was credible and corroborated by medical evidence. The court found that the appellants acted with common intention to cause death, and the injuries inflicted were sufficient in the ordinary course of nature to cause death. The court also held that the conviction under Section 324 IPC was justified as the injuries were caused by dangerous weapons. The criminal intimidation was also proved by the threats given by the appellants. The appeals were dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Common Intention - Section 34 Indian Penal Code, 1860 - The appellants were convicted for attempting to murder the complainant and his family members by attacking them with knives and sticks during a night-time incident. The court held that the evidence of injured witnesses, corroborated by medical evidence, was sufficient to prove the offence. The court found that the appellants acted in furtherance of common intention to cause death. (Paras 2-10) B) Criminal Law - Voluntarily Causing Hurt by Dangerous Weapons - Section 324 Indian Penal Code, 1860 - The appellants were also convicted for causing hurt with dangerous weapons. The court upheld the conviction based on the testimony of injured witnesses and medical reports showing injuries caused by sharp and blunt weapons. (Paras 2-10) C) Criminal Law - Criminal Intimidation - Section 506 Indian Penal Code, 1860 - The appellants were convicted for criminal intimidation. The court found that the threats given by the appellants to the complainant and his family were established by the evidence. (Paras 2-10)
Issue of Consideration
Whether the conviction of the appellants under Sections 307, 324, 506 read with Section 34 IPC is sustainable based on the evidence of injured witnesses and medical evidence.
Final Decision
Both appeals are dismissed. The conviction and sentence passed by the trial court are confirmed.
Law Points
- Common intention under Section 34 IPC
- conviction for attempt to murder under Section 307 IPC
- conviction for voluntarily causing hurt by dangerous weapons under Section 324 IPC
- conviction for criminal intimidation under Section 506 IPC
- appreciation of evidence of injured witnesses
- corroboration by medical evidence
