Case Note & Summary
The appellant, Shashikant Chandrakant Chaudhary, was convicted under Section 307 of the Indian Penal Code (IPC) for attempting to murder Sadhana Rasane, with whom he had a long-term relationship. The prosecution alleged that on 27 July 2011, the appellant threw acid on Sadhana while she was riding a motorcycle with her son, causing burn injuries. The trial court sentenced him to 10 years rigorous imprisonment. On appeal, the High Court examined the evidence, including the testimony of the victim and her son, and found inconsistencies regarding the manner of the incident and the nature of the substance thrown. The court noted that the prosecution failed to prove that the appellant had the intention to kill Sadhana, as required under Section 307 IPC. The injuries were not life-threatening, and the substance was not conclusively identified as acid. The court held that the conviction was unsustainable and set aside the judgment, acquitting the appellant.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Intention to Kill - The prosecution must prove that the accused had intention to cause death or knowledge that the act is likely to cause death. Mere injury, even if grievous, does not automatically constitute attempt to murder. The court held that the evidence was inconsistent and did not establish the requisite intention, leading to acquittal. (Paras 1-8)
Issue of Consideration
Whether the conviction under Section 307 IPC is sustainable based on the evidence on record
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Section 307 IPC requires intention to cause death or knowledge that act is likely to cause death
- mere injury not sufficient
- benefit of doubt to accused
Case Details
2015 LawText (BOM) (04) 73
Criminal Appeal No.319 of 2013
Mr. A.P. Mundargi, Sr. Advocate i/b Mr. Hrishikesh Mundargi and Mr. P.G. Sarda, Advocates for the appellant; Mrs. Anamika Malhotra, APP for the Respondent State
Shashikant Chandrakant Chaudhary
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Nature of Litigation
Criminal appeal against conviction for attempt to murder
Remedy Sought
Appellant sought acquittal by challenging the conviction and sentence under Section 307 IPC
Filing Reason
Appellant was convicted by the trial court for throwing acid on the victim, causing injuries
Previous Decisions
Trial court convicted the appellant under Section 307 IPC and sentenced him to 10 years RI
Issues
Whether the prosecution proved the offence under Section 307 IPC beyond reasonable doubt
Whether the evidence established the requisite intention to kill
Submissions/Arguments
Appellant argued that the evidence was inconsistent and did not prove intention to kill
Prosecution argued that the act of throwing acid amounted to attempt to murder
Ratio Decidendi
For conviction under Section 307 IPC, the prosecution must prove that the accused had intention to cause death or knowledge that the act is likely to cause death. Mere injury, even if caused by a dangerous substance, does not automatically constitute attempt to murder. In this case, the evidence was inconsistent and did not establish the requisite intention, hence the conviction was unsustainable.
Judgment Excerpts
This Appeal is directed against the judgment and order dated 8th March 2013 delivered in Sessions case No.77 of 2012, convicting the appellant... of an offence punishable under section 307 of the IPC...
Procedural History
The appellant was convicted by the Sessions Court on 8 March 2013. He appealed to the High Court. The High Court heard the appeal finally on 20 April 2015 and acquitted the appellant.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 307
