Case Note & Summary
The appellant, Shambabu Lathujisingh Yadav, was convicted by the Assistant Sessions Judge for Greater Bombay in Sessions Case No.790 of 2011 for an offence punishable under Section 307 of the Indian Penal Code read with Section 34 IPC and sentenced to 10 years rigorous imprisonment and a fine of Rs.1000. The appellant was accused No.1, while accused No.2, Kamarali, was acquitted. The prosecution case was that on 16/05/2011, due to business rivalry over ice cream vending near the Gateway of India, the appellant and Kamarali threatened the complainant Atahussain (PW1) and his cousin Arif (PW6). Kamarali caught Arif's arm and directed the appellant to stab him, whereupon the appellant stabbed Arif in the abdomen with a knife, causing his intestines to protrude. The appellant was apprehended by a police naik while fleeing. The trial court convicted the appellant. On appeal, the High Court examined the evidence. The injured witness Arif (PW6) turned hostile and did not support the prosecution. The other eye-witnesses, Atahussain (PW1) and Kallu (PW7), gave inconsistent and contradictory accounts regarding the roles of the appellant and the co-accused. The court found that the prosecution failed to prove the appellant's guilt beyond reasonable doubt. The High Court allowed the appeal, set aside the conviction and sentence, and ordered the appellant's release unless required in any other case.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC read with Section 34 IPC - Conviction set aside - Prosecution case based on eye-witnesses but their testimonies were inconsistent and contradictory regarding the role of the appellant and the co-accused - The injured witness (PW6) did not support the prosecution version and turned hostile - Other witnesses gave varying accounts - Held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt, and the appellant is entitled to acquittal (Paras 1-7).
Issue of Consideration
Whether the conviction of the appellant under Section 307 read with Section 34 of the Indian Penal Code is sustainable in law based on the evidence on record.
Final Decision
The appeal is allowed. The conviction and sentence imposed upon the appellant are set aside. The appellant is acquitted of the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The appellant shall be set at liberty forthwith unless required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Section 307 IPC
- Section 34 IPC
