Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 25th March 1996 passed by the Assistant Sessions Judge at Sindhudurg, Sawantwadi in Sessions Case No.19 of 1995, whereby the respondent-accused Sunil Keshav Pednekar was acquitted of the offence punishable under Section 307 of the Indian Penal Code (IPC). The prosecution case was that on 7th April 1994 at about 3.30 p.m., the complainant Sanjay Keluskar, who had married Sanjivani, the daughter of Maruti Vishnu Mhaskar, developed animosity with the accused living in the same locality. On the said date, the complainant was proceeding towards the residence of one Rumade via the house of the accused. He abused the accused, leading to a heated exchange of words and abuses. During this exchange, the accused took out a knife-like sword and gave a blow on the shoulder of the complainant. The complainant sustained an injury and was treated at the hospital. The trial court acquitted the accused on the ground that the injury was not on a vital part of the body and the weapon used was not a deadly weapon, thus there was no intention to cause death. The High Court, in appeal, examined the evidence and found that the medical evidence showed the injury was simple and not dangerous to life. The complainant's version was inconsistent with the medical evidence and other witnesses. The court held that the prosecution failed to prove beyond reasonable doubt that the accused had the intention to cause death or such bodily injury as is likely to cause death. The acquittal was upheld, and the appeal was dismissed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Intention to cause death - The prosecution alleged that the accused gave a knife blow on the shoulder of the complainant during a quarrel. The trial court acquitted the accused on the ground that the injury was not on a vital part and the weapon was not deadly, thus no intention to cause death. The High Court upheld the acquittal, holding that the evidence did not establish the requisite intention to commit murder. (Paras 2-10) B) Evidence Law - Appreciation of Evidence - Inconsistencies - The complainant's version was inconsistent with medical evidence and other witnesses. The High Court noted that the injury was simple and not dangerous to life, and the weapon used was a small knife, not a deadly weapon. The court held that the prosecution failed to prove the case beyond reasonable doubt. (Paras 5-9)
Issue of Consideration
Whether the acquittal of the respondent-accused for the offence under Section 307 of the Indian Penal Code was justified on the basis of the evidence on record.
Final Decision
Appeal dismissed; acquittal of respondent for offence under Section 307 IPC upheld.
Law Points
- Section 307 IPC requires proof of intention to cause death or such bodily injury as is likely to cause death
- mere injury not sufficient
- acquittal justified if evidence does not establish requisite intent
