Case Note & Summary
The appellant, Roshanlal Jagannath Soni, was convicted under Section 307 of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge, Thane, in Sessions Case No. 59 of 1998, and sentenced to seven years' rigorous imprisonment and a fine of Rs. 500, with default simple imprisonment for six months. The appellant challenged this conviction and sentence before the Bombay High Court. The prosecution case was that on 8 March 1997, the complainant, Munna alias Santoshkumar Ashokkumar Soni (PW1), went to the appellant's house to deliver a chit from the appellant's brother, Dinanath. The appellant asked the complainant to sleep with his wife because his wife had not conceived after 7-8 years of marriage. The complainant refused. Thereafter, the appellant took the complainant on the pretext of going to a friend's house, and was joined by accused no. 2, Baccha Soni. They took the complainant to an open site near Malhotra Company, where accused no. 2 gave fist blows, and the appellant assaulted the complainant with a knife, causing six injuries. The complainant managed to escape and ran to a petrol pump, where he fell down injured. Police took him to Indira Gandhi Memorial Hospital, Bhiwandi, where his statement was recorded and an offence was registered. After investigation, a charge sheet was filed. The trial court convicted the appellant. The High Court, after hearing the appellant's counsel and the Additional Public Prosecutor, examined the evidence. The court noted that the complainant (PW1) and his father (PW2) supported the prosecution case, and the medical evidence (PW3) corroborated the injuries. The court found no reason to disbelieve the witnesses and held that the prosecution proved its case beyond reasonable doubt. The court also considered the appellant's argument that the incident occurred due to a sudden quarrel, but rejected it, noting the premeditated nature of the assault. The High Court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction upheld - Appellant assaulted complainant with knife causing six injuries after complainant refused appellant's request to sleep with his wife - Medical evidence corroborated oral testimony - Held that the prosecution proved its case beyond reasonable doubt (Paras 1-6).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 (IPC) for attempting to murder the complainant by inflicting knife injuries is sustainable on the basis of the evidence on record.
Final Decision
The High Court dismissed the appeal and upheld the conviction and sentence under Section 307 IPC.
Law Points
- Section 307 IPC
- attempt to murder
- conviction upheld
- knife attack
- refusal of immoral proposal
- motive
- medical evidence
- oral testimony
