Case Note & Summary
The appeal arises from a judgment of the Sessions Court, Beed, convicting the appellants for offences under Sections 307, 323, 504 read with 34 of the Indian Penal Code and provisions of the Bombay Police Act. The prosecution case was that on 30th March 2004, the complainant Pralhad Tishtak, a Police Patil, was intercepted by the accused persons at Golegaon Phata. The appellants, who are real brothers, allegedly picked a quarrel with the complainant over his support to ex-Sarpanch Raghunath Kirkit. It was alleged that accused nos.2 and 3 held the complainant's hands while accused no.1 gave a knife blow on his chest, and accused no.4 instructed them to finish him. The complainant sustained a bleeding injury and was shifted to hospital. During investigation, a knife was recovered at the instance of accused no.1. The trial court convicted all three appellants. In appeal, the High Court examined the evidence of the complainant and two eye witnesses. The court found material inconsistencies and contradictions in their testimonies regarding the manner of assault, the role of each accused, and the recovery of the knife. The court noted that the witnesses gave varying versions and their evidence was not reliable. The court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Attempt to Murder - Sections 307, 323, 504 read with 34 IPC - Conviction set aside - Appeal against conviction for attempt to murder - Prosecution case based on testimony of complainant and two eye witnesses - Court found material inconsistencies and contradictions in evidence of prosecution witnesses regarding manner of assault, role of each accused, and recovery of weapon - Held that prosecution failed to prove guilt beyond reasonable doubt and appellants entitled to benefit of doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 307, 323, 504 read with 34 IPC and Bombay Police Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Doubtful identification
- Failure to prove guilt beyond reasonable doubt
- Appreciation of evidence in criminal appeal
