The appellant, challenged his conviction and sentence for offences under Sections 307 (Attempt to murder) and 201 (Causing disappearance of evidence) of the Indian Penal Code (IPC). The court modified the sentence, reducing his imprisonment to the term already served. The case involved a violent altercation between the appellant and his wife, Bhavna, during which the appellant inflicted multiple stab wounds. Despite his defense of private defense, the court upheld the conviction, citing concrete evidence. However, considering the time already served in prison, the sentence was reduced.

1. Background Facts (Paras 1-4)

• Arvind Kanjibhai Rajpopat was convicted by the Additional Sessions Judge for attacking his wife Bhavna with a knife, causing severe injuries.
• The appellant and his wife were estranged, and discord arose due to the appellant's gambling and financial difficulties.
• On December 5, 2020, Arvind visited Bhavna's residence to meet their son but got into a heated altercation, resulting in a violent attack on Bhavna.

2. Prosecution Case (Paras 4-6)

• The prosecution relied on the testimony of witnesses, including Bhavna’s sister-in-law, who witnessed the stabbing.
• Medical reports confirmed multiple stab wounds, including a grievous abdominal injury.
• The appellant was arrested, and the knife used in the attack was recovered based on his disclosure.

3. Appellant's Defense (Para 5)

• The appellant claimed that the injuries were inflicted in self-defense during an altercation initiated by Bhavna.
• He contended that Bhavna attacked him with a kitchen knife, which led to the scuffle.

4. Court’s Analysis and Evidence (Paras 7-19)

• The court analyzed the medical reports, witness testimonies, and the circumstances leading to the attack.
• It found the injuries and the use of a dangerous weapon indicated intent to kill.
• The court rejected the appellant's defense of self-defense, finding the prosecution’s evidence credible.

5. Modification of Sentence (Paras 20-21)

• Although the court upheld the conviction, it considered the appellant’s reflection on his conduct during imprisonment.
• Given that the appellant had already served 2.5 years, the court reduced the sentence to the time already served, maintaining the fine.

Acts and Sections Discussed:

1. Indian Penal Code, Section 307: Attempt to murder, highlighting the intent behind the violent act.
2. Indian Penal Code, Section 201: Causing the disappearance of evidence, referring to the concealment of the knife used in the attack.

Ratio Decidendi:

The court maintained the conviction under Section 307 based on the nature of the attack, the weapon used, and the grievous injuries inflicted. It ruled that the evidence overwhelmingly pointed to an intent to kill, even though the act did not result in death. However, the court also showed leniency in sentencing, acknowledging the time already served and the potential for rehabilitation.

Subjects: Criminal Appeal, Attempt to Murder, Domestic Violence, IPC Sections 307 and 201

Criminal Law, Sentencing, Indian Penal Code