Case Note & Summary
The appellant, Pundalik Bhandari, was convicted by the Trial Court for offences under Section 307 of the Indian Penal Code (IPC) and Sections 3 and 25 of the Arms Act, 1959. The case of the prosecution was that on 28 August 2009 at Madel, Sanvordem, the appellant assaulted Damodar Sukdo Naik (PW11) with a knife on his face, causing grievous injuries, and also aimed a firearm at him with intent to shoot. The appellant was also alleged to be in possession of the firearm without a valid licence. The Trial Court convicted the appellant under Section 307 IPC and under the Arms Act. The appellant appealed against the conviction. The High Court examined the evidence, including the testimony of the victim (PW11), the medical evidence, and the evidence regarding the alleged firearm. The court noted that the victim's testimony was inconsistent with the medical evidence regarding the nature of the injury. The doctor (PW9) testified that the injury was a simple incised wound and was not sufficient in the ordinary course of nature to cause death. The court also found that the prosecution failed to prove that the appellant had the intention to cause death, as required under Section 307 IPC. Regarding the Arms Act charge, the court observed that the alleged pistol was not recovered, the seizure witnesses turned hostile, and the ballistic report was inconclusive. The court held that the prosecution failed to prove the possession of a firearm beyond reasonable doubt. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Intention to Cause Death - The prosecution must prove that the accused had the intention to cause death or such bodily injury as is likely to cause death. In the present case, the victim suffered a single knife blow on the face, and the doctor opined that the injury was not sufficient in the ordinary course of nature to cause death. The court held that the offence under Section 307 IPC was not made out. (Paras 10-15) B) Criminal Law - Possession of Firearm - Sections 3 and 25 Arms Act, 1959 - Illegal Possession - The prosecution failed to prove that the accused was in possession of a firearm without a valid licence. The evidence regarding the alleged pistol was inconsistent and the seizure witnesses turned hostile. The court held that the conviction under the Arms Act was unsustainable. (Paras 16-20)
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the accused had the intention to cause death of the victim under Section 307 IPC
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Section 307 IPC requires proof of intention to cause death or such bodily injury as is likely to cause death
- mere assault with knife not sufficient
- benefit of doubt must be given when evidence is inconsistent
