Case Note & Summary
The appellant, Mahadeo Dhakne, was convicted under Section 307 of the Indian Penal Code (IPC) for attempting to murder his wife, Sangitabai, by attacking her with a sickle. The trial court sentenced him to five years of rigorous imprisonment and a fine. The appellant appealed to the Bombay High Court. The prosecution alleged that on 14.10.2012, the appellant, under the influence of liquor, demanded Rs. 2 lakhs from his wife and, upon her refusal, attacked her with a sickle, causing injuries on her head and face. The High Court examined the evidence, including the testimonies of the victim, her son, and the medical officer. The court found material inconsistencies: the victim initially stated that the appellant was not present at the time of the incident, but later claimed he attacked her. The son's testimony also varied. The medical evidence showed injuries on the head, but the doctor opined that the injuries were not sufficient to cause death in the ordinary course of nature. The court held that the prosecution failed to prove the essential ingredient of intention to cause death under Section 307 IPC. The court also noted that the appellant had returned home after a long absence and was behaving normally, and the incident occurred in a domestic setting without premeditation. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction set aside - The appellant was convicted for attempting to murder his wife by attacking her with a sickle on the head. The High Court found inconsistencies in the testimonies of prosecution witnesses, particularly regarding the presence of the appellant at the scene and the nature of the attack. The court held that the prosecution failed to prove the intention to cause death beyond reasonable doubt, and the injuries were not sufficient in the ordinary course of nature to cause death. The appeal was allowed, and the appellant was acquitted. (Paras 1-15)
Issue of Consideration
Whether the conviction of the appellant under Section 307 of IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of the offence under Section 307 IPC. Fine, if paid, to be refunded.
Law Points
- Section 307 IPC
- attempt to murder
- intention to cause death
- injury on vital part
- inconsistency in evidence
- benefit of doubt
