Case Note & Summary
The judgment pertains to two appeals arising from a common judgment dated 12-03-2003 passed by the 3rd Additional Sessions Judge, Chandrapur in Sessions Case No.162/1999. The appellants, Deorao, Bhaurao, and Raju Sakharkar, were convicted for offences under Section 307 read with Section 34 IPC (attempt to murder) and Section 448 read with Section 34 IPC (house trespass). They were sentenced to rigorous imprisonment for three years and fine of Rs.1000/- each for the first offence, and rigorous imprisonment for one month and fine of Rs.100/- each for the second offence. The appellants challenged their conviction in Criminal Appeal No.216 of 2003 under Section 374(2) CrPC, while the State filed Criminal Appeal No.343 of 2003 under Section 377 CrPC seeking enhancement of sentence. The facts of the case involve a land dispute between the parties. On the date of the incident, the three appellants allegedly entered the house of the victim, Pralhad Sakharkar, and attacked him with an axe and sticks, causing grievous injuries including a fracture of the parietal bone. The victim was admitted to the hospital and his statement was recorded. The trial court relied on the testimony of the injured witness (PW-1) and the medical evidence (PW-4) to convict the appellants. The High Court, after hearing both sides, upheld the conviction, finding that the evidence of the injured witness was credible and corroborated by medical evidence. The court noted that the nature of injuries and the weapons used indicated an intention to cause death. The court also found that the appellants had common intention to commit the offence. However, the court dismissed the State's appeal for enhancement of sentence, finding the sentence already imposed to be adequate. The appeals were accordingly disposed of.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 read with Section 34 Indian Penal Code, 1860 - Conviction based on testimony of injured witness and medical evidence - Appellants attacked the victim with axe and sticks, causing grievous injuries including fracture of parietal bone - Held that the intention to cause death can be inferred from the nature of injuries and the weapon used (Paras 1-14). B) Criminal Law - House Trespass - Section 448 read with Section 34 Indian Penal Code, 1860 - Appellants entered the victim's house and assaulted him - Held that the evidence of the victim and other witnesses establishes the offence of house trespass (Paras 1-14). C) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - All three appellants participated in the assault with a common intention - Held that the conviction under Section 34 is justified as they acted in concert (Paras 1-14).
Issue of Consideration
Whether the conviction of the appellants under Section 307 read with Section 34 IPC and Section 448 read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
Criminal Appeal No.216 of 2003 filed by the appellants is dismissed, upholding their conviction. Criminal Appeal No.343 of 2003 filed by the State for enhancement of sentence is also dismissed.
Law Points
- Section 307 IPC
- attempt to murder
- intention to cause death
- nature of injuries
- Section 448 IPC
- house trespass
- common intention
- Section 34 IPC
- conviction based on evidence of injured witness
- corroboration by medical evidence
