Case Note & Summary
The appellant, Kishor s/o Parasram Kosre, was convicted by the Additional Sessions Judge, Chandrapur, under Section 307 of the Indian Penal Code for allegedly assaulting Shantabai, her son Vitthal, and another son Sunil with a Wasla (carpenter's axe) on 12 January 1997. The prosecution alleged that the appellant had a dispute with Shantabai over a furniture order and that he attacked them at their residence. The trial court sentenced him to three years rigorous imprisonment and a fine. On appeal, the Bombay High Court examined the evidence, including the testimonies of the injured witnesses (PW3, PW4, PW5) and the medical evidence. The court noted that the witnesses were interested parties and their versions were inconsistent regarding the sequence of events and the number of blows. The medical evidence showed that the injuries were simple in nature and not on vital parts, and the doctor did not state that the injuries were life-threatening. The court held that the prosecution failed to prove the essential ingredients of Section 307 IPC, namely intention or knowledge to cause death. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code - Conviction set aside - The appellant was convicted for attempting to murder three persons by axe blows - The court found that the injuries were not on vital parts and the medical evidence did not indicate danger to life - The prosecution failed to prove intention or knowledge to cause death - Held that the conviction under Section 307 IPC is not sustainable (Paras 1-15). B) Evidence Law - Interested Witnesses - Credibility - The prosecution witnesses were close relatives of the injured and their testimony was inconsistent and contradictory - The court held that their evidence cannot be relied upon without independent corroboration - Held that the conviction based solely on such testimony is unsafe (Paras 8-12).
Issue of Consideration
Whether the conviction under Section 307 of the Indian Penal Code 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 requires proof of intention to cause death or knowledge that act would cause death
- mere injury not sufficient
- conviction cannot be based on inconsistent testimony of interested witnesses
