Case Note & Summary
The appellant, Dhanraj Ishwar Gawali, was convicted by the Additional Sessions Judge, Pune, for an offence under Section 307 of the Indian Penal Code (IPC) for allegedly attempting to murder Raju Chandanshive by inflicting two blows with a razor blade on his abdomen. The prosecution case was that on 3rd April 2014, the appellant met Raju on the road and asked him to go to the river bed. When Raju refused, the appellant took out a razor blade and gave two blows on his abdomen. Raju ran towards a police outpost but found it empty, then met his friend Bandu Kadam who informed Raju's mother Suman. Suman reported the matter to the police and Raju was admitted to YCM hospital for 3-4 days where his injuries were stitched. The appellant was charged and convicted, sentenced to 7 years RI and fine. In appeal, the appellant argued that the injuries were simple and there was no intention to kill. The court examined the evidence, including the medical certificate showing simple injuries, and noted that the weapon was a small razor blade. The court held that the ingredients of Section 307 IPC were not satisfied as there was no intention to cause death or knowledge that the act was likely to cause death. The conviction was set aside and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to Kill - The court examined whether the injuries inflicted by a razor blade on the abdomen were sufficient to cause death in the ordinary course of nature. Held that the injuries were simple and stitched, and the weapon used was a small razor blade, indicating lack of intention to cause death. The conviction under Section 307 IPC was set aside and the appellant was acquitted (Paras 1-11).
Issue of Consideration
Whether the appellant's conviction under Section 307 of the Indian Penal Code, 1860 (IPC) for attempting to murder Raju Chandanshive by inflicting two razor blade blows on his abdomen is sustainable in law.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of offence under Section 307 IPC. Fine, if paid, to be refunded. Appellant to be released forthwith unless required in any other case.
Law Points
- Section 307 IPC requires intention to kill or knowledge that act is likely to cause death
- mere injury not sufficient
- nature of weapon and injuries considered
- conviction requires proof of intent beyond reasonable doubt
