Case Note & Summary
The appellant, Jarnail Aarjo Sardar, was convicted by the Additional Sessions Judge, Gr. Bombay in Sessions Case No. 603 of 2013 for an offence punishable under Section 307 of the Indian Penal Code, 1860 and sentenced to rigorous imprisonment for 4 years and a fine of Rs. 1000/-. The case of the prosecution was that on 23rd March 2013, while the victim (daughter of complainant Ramdeo Yadav) was returning from college, the appellant assaulted her with a scissor, causing a grievous injury on her abdomen. The victim was taken to the hospital where sonography revealed an injury to her intestine requiring surgery. The father lodged a report based on the victim's statement, leading to the registration of Crime No. 171 of 2013 at Powai Police Station under Sections 307 and 506(II) IPC. The appellant was arrested on 30th March 2013, and a charge-sheet was filed. The prosecution examined 9 witnesses, including the victim (PW2), and two other witnesses (PW8 and PW9). The trial court convicted the appellant. On appeal, the High Court examined the evidence and found material inconsistencies. The victim's testimony was contradicted by medical evidence regarding the nature of the injury and the weapon used. The court noted that the prosecution failed to examine independent witnesses and that the victim's version was not corroborated by the medical report. The High Court held that the prosecution had not proved its case beyond reasonable doubt and accordingly allowed the appeal, setting aside the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Acquittal - The appellant was convicted for attempt to murder based on the testimony of the injured victim and other witnesses. The High Court found material inconsistencies in the prosecution case, including contradictions between the victim's testimony and medical evidence, and the absence of independent witnesses. Held that the prosecution failed to prove guilt beyond reasonable doubt, and the conviction was set aside (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 307 of the Indian Penal Code, 1860 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted.
Law Points
- Section 307 IPC
- Attempt to murder
- Acquittal
- Benefit of doubt
- Inconsistent evidence
- Medical evidence
- Witness credibility
