Case Note & Summary
The State of Maharashtra filed an appeal against the judgment and order of the 3rd Additional Sessions Judge, Nanded, dated 30 August 1995, acquitting the respondents (Pratapsing Kalyansingh (since deceased and abated), Jairamsingh Pratapsingh, Darshansingh Pratapsingh, Rajasingh Pratapsingh, and Santoshsingh Pratapsingh) for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The prosecution case was that the complainant Vandanabai w/o Satyanarayan Thakur, residing in Gadipura, Nanded, had a dispute with the accused, who were her husband's relatives. On the date of the incident, the accused allegedly attacked the complainant's husband Satyanarayan with a sword and other weapons, causing injuries. The trial court acquitted the accused, finding the evidence inconsistent and insufficient to prove the charge. The High Court, in the appeal, examined the evidence and found that the prosecution failed to establish the requisite intent to kill. The complainant's testimony was not corroborated by independent witnesses, and the medical evidence did not support the allegation of attempt to murder. The court held that the trial court's acquittal was based on a proper appreciation of evidence and no interference was warranted. The appeal was dismissed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 r/w 34 Indian Penal Code, 1860 - Acquittal upheld - The State appealed against acquittal of respondents for attempt to murder. The High Court found that the prosecution evidence was inconsistent and failed to prove the requisite intent to kill. The complainant's testimony was not corroborated by independent witnesses, and the medical evidence did not support the allegation of attempt to murder. Held that the trial court's acquittal was proper and no interference was warranted (Paras 1-10).
Issue of Consideration
Whether the acquittal of the respondents for the offence under Section 307 r/w 34 IPC was justified based on the evidence on record.
Final Decision
Appeal dismissed. Acquittal of respondents upheld.
Law Points
- Acquittal upheld
- benefit of doubt
- failure to prove intent
- inconsistent evidence
- no overt act
- Section 307 IPC
- Section 34 IPC
