Case Note & Summary
The appellant, Shripat Barku Bhagat, was convicted by the Sessions Judge, Raigad, for an offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC) and sentenced to five years' rigorous imprisonment and a fine. The case of the prosecution was that on the night of a dinner party, the appellant had a quarrel with the victim Jairam (PW2) and later hit him on the forehead with a stone, causing a serious injury. The appellant was convicted while the co-accused was acquitted. The appellant appealed to the Bombay High Court. The High Court examined the evidence of the eyewitnesses, particularly Jairam (PW2), Taturam (PW3), and Ganpat (PW6). The court found material contradictions in their testimonies regarding the manner of assault and the identity of the assailant. For instance, Jairam stated that the appellant hit him with a stone, but Taturam claimed that the appellant hit him with a stick. Additionally, there were discrepancies about the presence of the appellant at the scene and the sequence of events. The court held that the prosecution had failed to prove its case beyond reasonable doubt. The conviction was set aside, and the appellant was acquitted. The court emphasized that when the evidence is contradictory and the identification is doubtful, the benefit of doubt must go to the accused.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction based on sole eyewitness - Material contradictions in evidence of eyewitnesses regarding the manner of assault and identity of assailant - Held that conviction cannot be sustained when the prosecution case is riddled with inconsistencies and the identification of the accused is doubtful (Paras 1-14).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 (IPC) was sustainable in light of material contradictions in the prosecution evidence and doubtful identification of the accused.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Section 307 IPC
- attempt to murder
- conviction based on sole eyewitness
- material contradictions
- benefit of doubt
- acquittal
