Case Note & Summary
The appellant, Arvind S/o Kanjibhai Rajpopat, was convicted by the Additional Sessions Judge-6, Nagpur, for offences under Sections 307 (attempt to murder) and 201 (causing disappearance of evidence) of the Indian Penal Code, 1860, and sentenced to rigorous imprisonment for 5 years and 1 year respectively, with fines. The incident occurred on 05.12.2020 when the appellant, who was married to the victim Bhavna (PW3), came to her residence and after an altercation with her daughter Unnati, assaulted Bhavna with a knife, inflicting multiple stab wounds on her stomach, chest, back, legs, and shoulder. The victim was taken to Mayo Hospital, Nagpur, where she was treated. The FIR was registered based on the statement of the victim's sister-in-law, Sneha (PW2), who witnessed the assault. The appellant was arrested on 13.12.2020 from Gujarat, and at his instance, the knife used in the assault was recovered. The prosecution examined eight witnesses, including the victim (PW3), the eyewitness (PW2), the medical officer (PW4), and the investigating officer (PW8). The appellant's defence was that the victim had attacked him first with a knife and that he acted in self-defence, and that the injuries on his thigh were not explained by the prosecution. The trial court rejected this defence and convicted the appellant. On appeal, the Bombay High Court upheld the conviction, holding that the prosecution had proved the case beyond reasonable doubt. The court noted that the injuries on the victim were grievous and on vital parts, indicating an intention to kill. The court also held that the failure to explain the injury on the appellant was not fatal as the prosecution had explained it as self-inflicted or caused during the scuffle. The delay in lodging the FIR was explained by the fact that the victim was immediately taken to the hospital. The discovery of the knife at the instance of the appellant was admissible under Section 27 of the Indian Evidence Act, 1872. The court dismissed the appeal and confirmed the conviction and sentence.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 IPC - Conviction - The appellant was convicted for attempting to murder his wife by inflicting multiple stab wounds with a knife on vital parts of her body, including the abdomen and chest, causing grievous injuries. The court held that the prosecution proved the intention to kill beyond reasonable doubt, and the conviction was upheld. (Paras 1-10) B) Criminal Law - Causing Disappearance of Evidence - Section 201 IPC - Conviction - The appellant was also convicted for causing disappearance of evidence by fleeing the spot and concealing the weapon. The court upheld the conviction based on the discovery of the knife at his instance. (Paras 1-10) C) Criminal Law - Right to Private Defence - Failure to Explain Injury - The appellant's defence of private defence was rejected as the prosecution explained the injury on the appellant's thigh as self-inflicted or caused during the scuffle. The court held that the failure to explain the injury does not vitiate the prosecution case if the evidence otherwise proves guilt. (Paras 7-10) D) Criminal Law - Delay in Lodging FIR - The delay in lodging the FIR was explained by the fact that the injured was immediately taken to the hospital and the FIR was recorded based on the statement of the sister-in-law. The court held that the delay was not fatal to the prosecution case. (Paras 7-10) E) Evidence - Discovery of Weapon - The knife used in the assault was discovered at the instance of the appellant after his arrest. The court held that the discovery is admissible under Section 27 of the Indian Evidence Act, 1872, and corroborates the prosecution case. (Paras 7-10)
Issue of Consideration
Whether the conviction of the appellant under Sections 307 and 201 of the Indian Penal Code is sustainable in law, considering the alleged failure to explain the injury on the appellant, delay in lodging the FIR, and the defence of private defence.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence passed by the learned Additional Sessions Judge-6, Nagpur, dated 30.03.2022, is confirmed.
Law Points
- Section 307 IPC
- Section 201 IPC
- Right to private defence
- Failure to explain injury
- Delay in lodging FIR
- Discovery of weapon
- Corroboration of evidence
