Case Note & Summary
The appellant, Mohd. Hussain Kayyum Shaikh, was convicted by the Adhoc Additional Sessions Judge, Thane, in Sessions Case No.340 of 2009 for offences under Sections 307 and 397 of the Indian Penal Code (IPC). The prosecution case was that on 4th May 2009, at about 12:00 noon, Draupadabai (PW6) was proceeding to attend a Haldi ceremony when the appellant caught her hand and snatched her golden chain. She raised cries, and her son Jayendra (PW3) and nephew Shivaji (PW1) chased the appellant. Shivaji found the appellant entering a lane at Bhusaval compound and attempted to catch him, but the appellant opened fire with a country-made handgun. Shivaji bent down to avoid the shot, and the appellant fired again but missed. The appellant then entered a mosque. The trial court convicted the appellant under Sections 307 and 397 IPC, sentencing him to 10 years rigorous imprisonment and a fine of Rs.1,000 for each offence, with sentences to run concurrently. The appellant was acquitted of charges under the Arms Act and Bombay Police Act. The High Court, in appeal, upheld the conviction, finding the evidence of eyewitnesses credible and corroborated by medical evidence. The court dismissed the appeal.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction - Eyewitness testimony of victim and independent witnesses corroborated by medical evidence - Held that the prosecution proved the offence beyond reasonable doubt (Paras 1-3). B) Criminal Law - Robbery with Firearm - Section 397 IPC - Use of deadly weapon - Appellant fired a country-made handgun at the victim during chase - Held that the offence under Section 397 IPC is made out (Paras 1-3).
Issue of Consideration
Whether the conviction of the appellant under Sections 307 and 397 of the Indian Penal Code, 1860 (IPC) is sustainable based on the evidence on record.
Final Decision
Appeal dismissed. Conviction and sentence under Sections 307 and 397 IPC upheld.
Law Points
- Section 307 IPC
- Section 397 IPC
- conviction based on eyewitness testimony
- medical evidence corroborating injury
- concurrent running of sentences
