Case Note & Summary
In the High Court of Judicature at Bombay, Bench at Aurangabad, Criminal Appeal No.632 of 2004 arose from a judgment and order dated 04.09.2004 passed by the Additional Sessions Judge, Nilanga, convicting two accused persons, including appellant No.2 Vilas and deceased appellant No.1 Maharudrappa, for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, and sentencing them to rigorous imprisonment for two years with a fine of Rs.1,000 each, in default further R.I. for six months. The trial court acquitted them under Section 504 read with Section 34 and acquitted two other accused persons. During the pendency of the appeal, appellant No.1 Maharudrappa expired and the appeal against him was abated by order dated 12.08.2026. The prosecution case was that on 29.01.2003 at about 10.00 p.m., the informant Nagnath, accompanied by his friend Venkat, was proceeding to his agricultural field to sleep. Accused Vilas and Maharudrappa came towards him carrying an axe and a katti respectively. There was a scuffle relating to a previous incident where Nagnath had allegedly assaulted the accused persons and had been arrested, and also because Nagnath had allegedly kept an evil eye on the wife of accused Vilas. Vilas gave two axe blows on Nagnath's head, and Maharudrappa gave blows with a katti on his back and left chest. Two female accused abused and kicked him. On hearing the hue and cry, villagers gathered, and the injured Nagnath became unconscious and was taken to the police station and then to hospital. After regaining consciousness, his statement was recorded on 30.01.2003, leading to registration of Crime No.16/2003. Investigation included spot panchnama, seizure of blood-stained clothes, recording of witness statements, arrest of accused, and on 31.01.2003, discovery of an axe and katti based on memorandum statement of accused Vilas. After chemical analysis and receipt of medical certificate, charge sheet was filed under Sections 323, 504, 307 read with 34 IPC, the case was committed to Sessions Court, and charges were framed. The prosecution examined 12 witnesses; accused statements were recorded under Section 313 Cr.P.C. The trial court convicted the two male accused under Section 307 r/w 34 IPC, while acquitting the female accused and acquitting all under Section 504 r/w 34 IPC. In the appeal before the High Court, the learned Advocate for the appellant No.2 argued that the medical evidence of Dr. Pandit Butukane and the injury certificate showed all three injuries to be simple and caused by a hard object, not a sharp weapon, even though the prosecution alleged use of an axe and katti which are sharp-edged. It was contended that if there was an intention to cause death, sharp-edged weapons would have been used; the simple nature of injuries negated any murderous intent and therefore conviction under Section 307 IPC was not sustainable. Further, the chemical analysis report of the seized weapons disclosed no blood stains, which corroborated the medical opinion and created doubt about the alleged incident. The appellant also relied on an affidavit of compromise submitted by the complainant during trial, stating no grievance against the accused, but the trial court could not consider it because evidence had already been recorded. Additionally, the incident occurred in 2003, 23 years had elapsed, the appellant was above 60 years of age, the only earning member of the family, and his father had died during appeal, making incarceration a hardship. The provided text of the judgment ends at the beginning of paragraph 8, and does not include the court's analysis or final operative order. Therefore, the final decision on the appeal is not available in the excerpt.
Headnote
A) Criminal Law - Attempt to Murder - Intention to Cause Death - Indian Penal Code, 1860, Sections 307, 34 - The appellant argued that the medical evidence showing three simple injuries caused by hard object, not sharp weapon, negated intention to kill and made conviction under Section 307 IPC unsustainable. The Court was examining whether the trial court's conviction required interference on this ground. (Paras 6-8) B) Criminal Law - Evidence - Chemical Analysis Report - Indian Penal Code, 1860, Section 307 - The appellant contended that the chemical analysis report of seized weapons disclosed no blood stains, which corroborated the medical opinion of simple injuries and cast doubt on the prosecution version of assault with axe and katti. This inconsistency was raised to challenge the reliability of the prosecution case. (Paras 7-8) C) Criminal Law - Sentencing Considerations - Delay and Age of Accused - Indian Penal Code, 1860, Section 307 - The appellant submitted that the incident occurred in 2003, 23 years had elapsed, the appellant was above 60 years old and the sole earning member of the family, and his father (co-accused) had died during appeal, making incarceration a hardship. The court was considering this as a mitigating factor for sentence modification. (Paras 7-8)
Issue of Consideration
Whether the conviction under Section 307 read with Section 34 of the Indian Penal Code, 1860, was sustainable when the medical evidence indicated three simple injuries caused by a hard object, despite prosecution alleging use of sharp weapons, and whether the trial court erred in not considering the complainant's compromise affidavit.
Law Points
- Conviction under Section 307 IPC requires intention to cause death
- simple injuries by hard object may negate murderous intent
- absence of blood on recovered weapon undermines prosecution
- compromise affidavit and delay/age relevant in appeal
- chemical analysis report contradicting ocular evidence creates doubt
