Case Note & Summary
The appellant, Ganpat Damaji Dodke, was convicted by the Additional Sessions Judge, Warora, for the offence punishable under Section 307 of the Indian Penal Code (IPC) for attempting to murder a 3-year-old child, Kunal, by throwing him into a well. The incident occurred on 04.02.2011 at about 1:00 p.m. in village Satara. The appellant, a peon at the Gram Panchayat, bore a grudge against the child's mother, Rekha Shedame (PW2), who was the Upasarpancha, because a notice was issued to him at her behest. On the day of the incident, the appellant lifted Kunal, who was playing, and threw him into a public well. Bystanders Vilas Chouke, Mangesh Dadmal, and Shridhar Dhone rescued the child. Rekha Shedame lodged an oral FIR the same day, leading to registration of Crime No. 11/2011 under Section 307 IPC. The appellant was arrested the next day from his sister's house. The trial court convicted him and sentenced him to five years' rigorous imprisonment and a fine of Rs. 2,000. The appellant appealed to the High Court. The High Court re-appreciated the evidence, including the testimony of eyewitnesses Vilas Chouke (PW3), Mangesh Dadmal (PW4), and Shridhar Dhone (PW5), who consistently stated that they saw the appellant throw the child into the well. The court found their testimony credible and corroborated by the prompt FIR and the medical evidence showing the child was rescued from the well. The court held that the act clearly constituted an attempt to murder under Section 307 IPC, as the appellant intended to cause death or knew that his act was likely to cause death. The appeal was dismissed, and the conviction and sentence were upheld.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Throwing child into well - The appellant lifted a 3-year-old child and threw him into a well, but the child was rescued by bystanders. The court held that the act clearly constitutes an attempt to murder as the appellant intended to cause death or knew that his act was likely to cause death. The conviction under Section 307 IPC was upheld. (Paras 1-10) B) Evidence Law - Credibility of Witnesses - Eyewitness testimony - The prosecution examined eyewitnesses who testified to seeing the appellant throw the child into the well. Their testimony was found to be credible, consistent, and corroborated by the prompt FIR and medical evidence. The court held that minor discrepancies do not discredit the prosecution case. (Paras 5-8) C) Criminal Procedure - Appeal against Conviction - Appellate court's scope - The High Court, in an appeal against conviction, re-appreciated the evidence and found that the trial court's findings were based on proper appreciation of evidence. The appeal was dismissed as the conviction was found to be correct. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code for throwing a 3-year-old child into a well is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Section 307 IPC upheld.
Law Points
- Attempt to murder
- Section 307 IPC
- child victim
- throwing into well
- eyewitness testimony
- prompt FIR
- conviction upheld
