Case Note & Summary
The revision petitioners, accused nos.1 to 3, were convicted by the learned Adhoc Assistant Sessions Judge, City Civil and Sessions Court, Greater Bombay, Mumbai, on 18th October 2011, for the offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for 4 years each and fine of Rs.1,000/- each, in default, to undergo further simple imprisonment for 1 month. Their appeal before the learned Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay, Mumbai, in Criminal Appeal No.636 of 2011 was dismissed on 23rd November 2016. Aggrieved, they filed the present criminal revision application. The incident occurred on 21st May 2008 at about 9.30 p.m. in the vicinity of Mehek General Stores, Anna Nagar, Dharavi. The prosecution case was that accused no.1 Amir Shaikh saw PW3 Hamid talking with Shehanaz, daughter of accused no.3 Najir Shaikh. He questioned and assaulted Hamid. Then accused no.3 Najir Shaikh came holding a knife and started beating Hamid. PW2 Dastgir Shaikh intervened to pacify the quarrel. Infuriated by this intervention, the accused persons assaulted Dastgir Shaikh with sharp-edged weapons. Accused no.3 Najir Shaikh assaulted PW2 Dastgir with a knife, the blow landing on his stomach. Accused no.1 Amir Shaikh assaulted him with a sword. The court considered the evidence and arguments. The revision petitioners contended that the conviction was not sustainable as the injuries were not on a vital part and there was no intention to cause death. The State supported the conviction. The court analyzed the nature of the assault, the weapons used (knife and sword), and the location of the injury (stomach). The court held that the act of stabbing the victim in the stomach with a knife and assaulting with a sword clearly indicates an attempt to cause death. The conviction under Section 307 IPC was upheld. The court found no merit in the revision and dismissed it, confirming the sentence of 4 years rigorous imprisonment.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction - Assault with knife and sword on intervenor causing stomach injury - Held that the act of accused no.3 stabbing the victim in the stomach with a knife and accused no.1 assaulting with a sword, coupled with the nature of injuries, clearly indicates an attempt to cause death, and the conviction under Section 307 IPC is sustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the revision petitioners under Section 307 of the Indian Penal Code, 1860 (IPC) for attempting to murder PW2 Dastgir Shaikh by assaulting him with a knife and sword is sustainable in law.
Final Decision
The revision application is dismissed. The conviction and sentence of the revision petitioners under Section 307 IPC are upheld.
Law Points
- Attempt to murder
- Section 307 IPC
- conviction upheld
- sharp weapon assault
- stomach injury
- intervention in quarrel
- common intention
- sentence of 4 years rigorous imprisonment
