Case Note & Summary
The appellant, M. Jaffar, was convicted by the Fast Track Court-III, Hospet in Sessions Case No.127/2009 for the offence punishable under Section 307 IPC. The prosecution case was that on 08.08.2009, the complainant, a teacher, was proceeding on his motorcycle to hand over a cheque when his motorcycle got punctured. While going to a garage, the accused allegedly came on his bike, abused him, and assaulted him with an iron rod on his head, back, and other parts. The appellant appealed against the conviction. The High Court heard the learned counsel for the appellant and the Additional SPP for the State. The court found that the evidence of the prosecution witnesses was inconsistent and the identification of the accused was doubtful. The court held that the prosecution failed to prove the guilt of the appellant beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction set aside - Prosecution failed to prove guilt beyond reasonable doubt due to inconsistencies in evidence and doubtful identification of accused - Held that benefit of doubt must be given to appellant (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 307 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. The judgment of conviction and order of sentence dated 29.01.2011 passed by the Fast Track Court-III, Hospet in Sessions Case No.127/2009 is set aside. The appellant is acquitted of the offence punishable under Section 307 IPC.
Law Points
- Benefit of doubt
- Inconsistent evidence
- Identification of accused
- Section 307 IPC
- Section 374(2) CrPC
Case Details
2020 LawText (KAR) (03) 29
Criminal Appeal No.2561/2011
Sri T. Hanumareddy (for appellant), Sri V.M. Banakar (Addl. SPP for respondent)
M. Jaffar S/o Syed Raheem
The State by PSI Hosahalli Police Station, Hosahalli, Kudligi Tq, Dist: Ballari
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Nature of Litigation
Criminal appeal against conviction and sentence under Section 307 IPC.
Remedy Sought
Appellant sought to set aside the judgment of conviction and sentence and acquit him.
Filing Reason
Appellant was convicted by the Fast Track Court-III, Hospet in Sessions Case No.127/2009 for attempt to murder.
Previous Decisions
Fast Track Court-III, Hospet convicted the appellant on 29.01.2011 in Sessions Case No.127/2009.
Issues
Whether the conviction under Section 307 IPC is sustainable based on the evidence on record.
Submissions/Arguments
Appellant argued that the evidence was inconsistent and identification was doubtful.
Respondent-State supported the conviction.
Ratio Decidendi
The prosecution failed to prove the guilt of the appellant beyond reasonable doubt due to inconsistencies in evidence and doubtful identification. Hence, the appellant is entitled to benefit of doubt.
Judgment Excerpts
The present appeal has been preferred by the appellant – accused directed against the judgment of conviction and order of sentence passed by the Fast Track Court – III at Hospet in Sessions Case No.127/2009 dated 29.01.2011.
The genesis of the case of the prosecution are that the complainant was working as a Teacher in High School.
Procedural History
The appellant was convicted by the Fast Track Court-III, Hospet on 29.01.2011 in Sessions Case No.127/2009. He appealed to the High Court of Karnataka, Dharwad Bench, which heard the appeal and delivered judgment on 12.03.2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 307
- Code of Criminal Procedure, 1973 (CrPC): 374(2)
