Case Note & Summary
The appellant, Ganesh Vasudeo Bandekar, was convicted by the Additional Sessions Judge, Sewree, Mumbai for offences under Section 307 of the Indian Penal Code (IPC) and Section 3 read with Section 25 of the Arms Act. He was sentenced to rigorous imprisonment for three years on each count, with fines, and the sentences were directed to run concurrently with sentences in another case (Sessions Case No. 716/2008). The appellant challenged this conviction in the Bombay High Court. The prosecution case was that on 11th September 2007, the appellant, who is the son (or step-son) of the complainant Vasundhara Bandekar (PW1), came to her residence and demanded his share of property. When she refused, he fired a country-made pistol at her, causing injuries. The incident was witnessed by her other son Rajesh Bandekar (PW2), who informed the police. The police arrived, recorded the complaint, and arrested the appellant. The injured was taken to hospital. The trial court relied on the testimony of PW1 and PW2, medical evidence, and recovery of the weapon. The High Court, after hearing arguments, found no reason to interfere with the conviction. The court noted that the evidence of PW1 and PW2 was consistent and credible, and the medical evidence corroborated the gunshot injury. The appellant's defense that he was a step-son and that the complaint was false was not accepted. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction upheld - Appellant fired at his mother causing injuries - Eye witness testimony of son and injured mother corroborated by medical evidence - Held that prosecution proved case beyond reasonable doubt (Paras 1-22). B) Arms Act - Possession of Firearm - Section 3 r/w 25 Arms Act - Conviction upheld - Appellant used country-made pistol to fire - Recovery of weapon and cartridges proved - Held that possession and use of firearm without license established (Paras 1-22).
Issue of Consideration
Whether the conviction of the appellant under Section 307 IPC and Section 3 r/w 25 of the Arms Act is sustainable based on the evidence on record.
Final Decision
Appeal dismissed; conviction and sentence under Section 307 IPC and Section 3 r/w 25 Arms Act upheld; sentences to run concurrently with sentences in Sessions Case No. 716/2008
Law Points
- Section 307 IPC
- Attempt to murder
- Section 3 r/w 25 Arms Act
- Possession of firearm
- Conviction upheld
- Credibility of eye witness
- Medical evidence
- Motive
- Sentence concurrent
