Case Note & Summary
The appellant, Suresh Prakashbhan Junghare, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No. 383/2014 for an offence punishable under Section 326 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for 6 years and a fine of Rs.5,000, with default simple imprisonment for 6 months. The appellant challenged this conviction by way of criminal appeal before the Bombay High Court, Nagpur Bench. The prosecution case was that on 24.05.2014, the appellant assaulted one Sukhram Jagan Ramteke with an iron rod, causing injuries. Initially, a charge under Section 302 IPC (murder) was framed, but the trial court acquitted the appellant of murder and convicted him under Section 326 IPC (voluntarily causing grievous hurt by dangerous weapon). The State did not appeal against the acquittal under Section 302 IPC, so that part became final. The appellant argued that the conviction under Section 326 IPC was not sustainable. The High Court examined the evidence and found that the trial court's appreciation of evidence was not perverse. The court noted that the appellant had caused grievous hurt with a dangerous weapon, and the conviction under Section 326 IPC was justified. The High Court dismissed the appeal and upheld the conviction and sentence.
Headnote
A) Criminal Law - Grievous Hurt by Dangerous Weapon - Section 326 Indian Penal Code, 1860 - Conviction for causing grievous hurt with iron rod - The appellant was charged with murder under Section 302 IPC but acquitted thereof, which attained finality as State did not appeal. The trial court convicted him under Section 326 IPC for causing grievous hurt with a dangerous weapon. The High Court upheld the conviction, finding no perversity in the trial court's appreciation of evidence. (Paras 1-5)
Issue of Consideration
Whether the conviction of the appellant under Section 326 of the Indian Penal Code, 1860 is sustainable on the basis of evidence on record.
Final Decision
Appeal dismissed; conviction and sentence under Section 326 IPC upheld
Law Points
- Section 326 IPC
- grievous hurt by dangerous weapon
- acquittal for murder
- finality of acquittal
- appeal against conviction
