Case Note & Summary
The judgment concerns three criminal appeals filed by accused persons convicted under Section 307 read with Section 34 of the Indian Penal Code for attempt to murder. The prosecution case was that on 14 July 2014, the informant Yogesh Wankhade (PW1) was attacked by the accused with swords and sticks, causing grievous injuries. The FIR was lodged promptly, and the injured witness testified consistently. The medical officer (PW3) confirmed the injuries. The trial court convicted the appellants, sentencing them to 7 years rigorous imprisonment and a fine. On appeal, the High Court examined the evidence, particularly the testimony of the injured witness, which it found credible and corroborated by medical reports. The court held that the injured witness was a natural witness and his presence was not disputed. The medical evidence showed that the injuries were life-threatening, supporting the charge under Section 307. The court also found that the appellants acted with common intention, as they attacked the victim simultaneously. The court dismissed the appeals, upholding the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 r/w Section 34 Indian Penal Code, 1860 - Conviction based on injured witness testimony - The court examined the credibility of the injured witness (PW1) and found his testimony consistent and corroborated by medical evidence (PW3) and the FIR (Exh.22). The court held that the injured witness is a natural witness and his presence at the scene was established. The medical evidence showed grievous injuries, supporting the charge of attempt to murder. The court upheld the conviction and sentence of 7 years RI and fine of Rs.2000 each. (Paras 2-10) B) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - The court found that the appellants acted in concert with a common intention to cause the death of the victim. The attack was sudden and with sharp weapons, indicating a shared intent. The court rejected the argument that there was no prior conspiracy, holding that common intention can develop on the spot. (Paras 8-10)
Issue of Consideration
Whether the conviction of the appellants under Section 307 read with Section 34 of the Indian Penal Code is sustainable based on the evidence of the injured witness and medical reports.
Final Decision
All three appeals are dismissed. The conviction and sentence passed by the trial court are upheld.
Law Points
- Section 307 IPC
- Section 34 IPC
- conviction based on injured witness testimony
- medical evidence corroboration
- common intention
