Case Note & Summary
The appellant, Arun Sukhdeo Jagtap, was convicted by the Sessions Judge, Jalna in Sessions Case No.148/2011 for the offence under Section 307 of the Indian Penal Code (IPC) and sentenced to ten years rigorous imprisonment with a fine of Rs.10 lakhs, payable as compensation to the victim under Section 357(1) of the Code of Criminal Procedure, 1973. The case arose from an incident on 24.4.2011 during a marriage procession in Bhopalzari, where the victim Gangadhar Limbaji Pagare asked the procession to move faster. The appellant, along with two others, threatened him and later, after returning to the village, assaulted him with a sword, causing a fracture of the parietal bone and a deep incised wound on the head. The complainant, Sanjay Pagare, brother of the victim, filed an FIR on 26.4.2011. The trial court convicted only the appellant, acquitting the other two accused. The appellant appealed against his conviction and sentence. The High Court examined the evidence, including the testimony of eyewitnesses P.W.1 Sanjay, P.W.2 Gangadhar (victim), and P.W.3 Suresh, as well as medical evidence from P.W.5 Dr. Shinde, which confirmed the grievous nature of the injuries. The court found that the injuries were sufficient in the ordinary course of nature to cause death, establishing the intention to murder. However, considering the appellant's young age (23 years), lack of criminal antecedents, and the fact that he had already served about 3 years and 4 months of imprisonment, the High Court reduced the sentence from ten years to seven years rigorous imprisonment, while upholding the fine and compensation order. The appeal was partly allowed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction - The appellant was convicted under Section 307 IPC for causing grievous injuries to the victim by assaulting him with a sword during a marriage procession dispute - The High Court upheld the conviction based on consistent eyewitness testimony and medical evidence showing the victim suffered a fracture of the parietal bone and a deep incised wound, indicating intention to cause death - Held that the injuries were sufficient in the ordinary course of nature to cause death, thus constituting an attempt to murder (Paras 1-10). B) Criminal Law - Sentence Reduction - Section 307 IPC - Mitigating Circumstances - The appellant was a young man aged 23 years with no criminal antecedents and had already undergone about 3 years and 4 months of imprisonment - The High Court reduced the sentence from ten years to seven years rigorous imprisonment, while maintaining the fine of Rs.10 lakhs as compensation to the victim - Held that the ends of justice would be met by reducing the sentence considering the appellant's age and lack of previous criminal record (Paras 11-15).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code is sustainable and whether the sentence of ten years rigorous imprisonment with fine of Rs.10 lakhs is appropriate.
Final Decision
The High Court partly allowed the appeal. It upheld the conviction under Section 307 IPC but reduced the sentence from ten years to seven years rigorous imprisonment. The fine of Rs.10 lakhs and the default sentence were maintained.
Law Points
- Section 307 IPC
- attempt to murder
- intention to cause death
- nature of injury
- sentence reduction
- young age
- no criminal antecedents
- Section 357 CrPC compensation
