Case Note & Summary
The appellant, Mahendra Tekchand Behere, was convicted by the 1st Adhoc Additional Sessions Judge, Nagpur, in Sessions Trial 85 of 2000 for the offence punishable under Section 326 of the Indian Penal Code (IPC) and sentenced to rigorous imprisonment for 5 years and a fine of Rs. 10,000. The case arose from an incident on 5 September 1999, when the deceased, Bhaiyyalal Damodar Sharma, cast his vote in the Lok Sabha and State Assembly elections. At around 5:30 p.m., near a square on the Khadka-Hingna road, the accused, who was on inimical terms with the deceased, accosted and abused him. The accused, armed with a spear, inflicted a spear blow on the left rib of the deceased. The deceased, bleeding from the wound, proceeded to the police station with his son and wife and lodged a report, leading to the registration of an offence under Section 326 IPC. The deceased was admitted to the Medical College & Hospital, Nagpur. On 6 September 1999, Assistant Sub Inspector Laxminarayan Tiwari recorded the first dying declaration, and on 7 September 1999, Head Constable Panjabrao recorded a second dying declaration. The deceased expired on 24 September 1999, and an additional offence under Section 302 IPC was registered. The trial court convicted the accused under Section 326 IPC but acquitted him of murder under Section 302 IPC. The state did not appeal the acquittal. The appellant appealed against the conviction. The High Court heard arguments from the appellant's senior counsel, Mr. Anil Mardikar, and the Additional Public Prosecutor, Mr. A.V. Palshikar. The court examined the dying declarations and medical evidence. The first dying declaration recorded by PW8 was found to be consistent and corroborated by the second dying declaration recorded by PW13. The medical evidence showed that the injury was grievous and sufficient in the ordinary course of nature to cause death. The court held that the dying declarations were reliable and could form the sole basis of conviction. The court also noted that the trial court had acquitted the accused of murder, and since there was no appeal by the state, the acquittal was not disturbed. The High Court upheld the conviction under Section 326 IPC, finding that the intention to cause grievous hurt was established. The appeal was dismissed, and the conviction and sentence were confirmed.
Headnote
A) Criminal Law - Dying Declaration - Reliability - Dying declaration can be the sole basis of conviction if it is found to be truthful, voluntary, and free from tutoring or prompting - The court must scrutinize the dying declaration with caution and ensure it is consistent with other evidence - In this case, two dying declarations recorded by different police officers were found to be consistent and corroborated by medical evidence, hence reliable (Paras 8-12). B) Criminal Law - Section 326 IPC - Grievous Hurt - Spear Attack - The accused inflicted a spear blow on the left rib of the deceased, causing a wound that led to death after 18 days - The medical evidence showed the injury was grievous and sufficient in the ordinary course of nature to cause death - The court held that the intention to cause grievous hurt was established, and the conviction under Section 326 IPC was proper (Paras 4-6, 13-14). C) Criminal Law - Acquittal for Murder - Section 302 IPC - The trial court acquitted the accused of murder under Section 302 IPC, and the state did not appeal - The High Court did not disturb the acquittal as there was no appeal against it - The conviction under Section 326 IPC was upheld (Para 14).
Issue of Consideration
Whether the conviction of the appellant under Section 326 of the Indian Penal Code is sustainable based on the dying declarations and other evidence
Final Decision
The appeal is dismissed. The conviction of the appellant for the offence punishable under Section 326 of the Indian Penal Code and the sentence of rigorous imprisonment for 5 years and fine of Rs. 10,000 is confirmed.
Law Points
- Dying declaration can be sole basis of conviction if found reliable
- Section 326 IPC requires intention to cause grievous hurt
- Medical evidence corroborating dying declaration strengthens prosecution case
