Case Note & Summary
The case pertains to an appeal filed by original accused No.1 Mohammad Hanif and accused No.2 Akbar Khan against their conviction under Section 307 read with Section 34 of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge, Ahmednagar in Sessions Case No.48/2007. The appellants were sentenced to rigorous imprisonment for 5 years and a fine of Rs.5000/- with default simple imprisonment for three months. The prosecution case was that on the night between 14.12.2006 and 15.12.2006, the complainant P.W.2 Prakash Sapate, who runs a Dhaba named 'Sonali Dhaba' on the Ahmednagar-Solapur Road, was admitted to Gokul Hospital at Karmala at about 11:35 p.m. with a stab injury on his abdomen over the epigastric region and a cut to the cartilage of the left side 9th rib. He was operated upon. The complainant alleged that the appellants, who were labourers and had come to his Dhaba, attacked him. The trial court convicted the appellants based on the testimony of the complainant and other witnesses. However, the High Court found that the identification of the appellants was doubtful as the complainant had not given clear descriptions and there were inconsistencies in the evidence of the witnesses. The court noted that the prosecution failed to prove the guilt beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellants were acquitted. The court directed that the appellants be set at liberty forthwith if not required in any other case.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 read with Section 34 Indian Penal Code, 1860 - Conviction based on doubtful identification and inconsistent evidence - The appellants were convicted for stabbing the complainant but the court found the identification of the accused by the complainant and witnesses to be unreliable due to contradictions and lack of corroboration - Held that the prosecution failed to prove the guilt beyond reasonable doubt, and the appellants are entitled to acquittal (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellants under Section 307 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellants acquitted. They be set at liberty forthwith if not required in any other case.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Section 307 IPC
- Section 34 IPC
