Case Note & Summary
The appellants, original accused nos.1 to 3, were convicted by the learned Additional Sessions Judge, Pune, in Sessions Case No.314 of 2014 for the offence punishable under Section 307 read with 34 of the Indian Penal Code (IPC) and sentenced to 7 years rigorous imprisonment with a fine of Rs.2,000 each, with default sentence of 3 months. They were acquitted of offences under Sections 120B and 212 read with 34 IPC. The prosecution case was that on 25th July 2013, the injured PW7 Sudarshan Choudhari, a panel leader contesting Gram Panchayat elections, had settled a Facebook dispute between Sunny Choudhary and Aakash Gore. This act allegedly led to the appellants, along with others, assaulting him with knives and sticks. The trial court convicted the appellants based on the testimony of the injured witness and medical evidence. The appellants challenged the conviction and sentence before the Bombay High Court. The court considered the evidence and found that the prosecution had proved the case beyond reasonable doubt. The injured witness consistently identified the appellants and the medical evidence showed dangerous injuries. The court upheld the conviction under Section 307 read with 34 IPC. However, considering that the appellants had already undergone about 5 years of actual sentence out of 7 years, were in jail since 2013, and had no criminal antecedents, the court reduced the sentence to the period already undergone, while maintaining the fine. The appeal was partly allowed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 read with 34 Indian Penal Code, 1860 - Conviction upheld - Appellants assaulted victim with knives and sticks due to his role in settling a Facebook dispute, causing grievous injuries - Medical evidence and eyewitness testimony corroborated the prosecution case - Held that the offence under Section 307 IPC is made out as the injuries were dangerous to life (Paras 3-10). B) Criminal Law - Common Intention - Section 34 Indian Penal Code, 1860 - Applicability - All three appellants participated in the assault with shared intent - Their presence and overt acts established common intention - Held that Section 34 IPC is rightly invoked (Paras 8-10). C) Sentencing - Reduction of Sentence - Appellants had already undergone about 5 years of actual sentence out of 7 years imposed - Incident occurred in 2013 and appellants were in jail since then - No criminal antecedents reported - Held that sentence reduced to the period already undergone, while maintaining fine (Paras 11-12).
Issue of Consideration
Whether the conviction of the appellants under Section 307 read with 34 of the Indian Penal Code is sustainable on the basis of the evidence on record, and whether the sentence of 7 years rigorous imprisonment should be reduced.
Final Decision
Appeal partly allowed. Conviction under Section 307 read with 34 IPC upheld. Sentence reduced to the period already undergone (about 5 years). Fine of Rs.2,000 each maintained. Criminal Application disposed of.
Law Points
- Attempt to murder
- Common intention
- Section 307 IPC
- Section 34 IPC
- Reduction of sentence
- Period already undergone
