Case Note & Summary
The accused, convicted under Sections 307, 326, and 324 of the IPC for assaulting multiple individuals with a knife during a Garba dance event, appealed the conviction. The court reviewed evidence from injured witnesses and a medical officer. It determined the attack lacked intent to kill, thus reclassifying the conviction under Section 326 IPC. The sentence was modified to seven years of rigorous imprisonment.
Main Content with Headings:Final Disposal by Consent
Matter taken up for final disposal with consent of both parties' Counsel.Conviction and Appeal
Accused convicted in Sessions Trial No.81 of 2017 under Sections 307, 326, and 324 of IPC, sentenced to life imprisonment and compensation. Accused appealed for setting aside the conviction.Prosecution Case
Incident on 07.10.2016 at Jijamata Prekshagar, Buldana during Garba dance. Accused assaulted informant Sumit and friends with a knife after being asked to step down from a chair. Crime registered based on Sumit's report; charge-sheet filed after investigation.Defense Argument
Denial and plea of alibi by accused. Claims of inconsistent and unreliable eye-witnesses, farcical seizure of weapon, and harsh punishment disregarding young age and family responsibility.Prosecution Evidence
9 witnesses examined. Eye-witnesses (PW2 Sumit, PW3 Amit, PW4 Sk. Mohasin) provided consistent accounts. Medical evidence from Dr. Anil Tarale corroborated injuries.Assessment of Eye-Witnesses and Medical Evidence
Consistent and reliable testimonies. Injuries corroborated by medical certificates. No discrepancies found to discard eye-witnesses' evidence.Credibility of Evidence
Injured and accused were strangers; no false implication. Quick lodging of FIR supported credibility. Plea of alibi unsupported by evidence.Determination of Offence
Conviction under Section 307 IPC requires intent to commit murder. Evidence showed lack of intent to kill; injuries caused by indiscriminate use of a knife. Incident was spontaneous without premeditation.Nature of Injuries and Intent
Injuries inflicted without intent to kill. Nature of injuries and circumstances indicated no intention to cause death.Reclassification of Conviction
Act classified under Section 326 IPC (causing grievous hurt by dangerous weapon). Conviction under Section 324 IPC not sustained due to reclassification.Quantum of Punishment
Appropriate punishment in proportion to the offence. Consideration of accused's age, family responsibility, and first-time offence. Seven years of rigorous imprisonment deemed appropriate.Conclusion
Criminal appeal partly allowed. Conviction modified from Section 307 IPC to Section 326 IPC. Sentence adjusted to seven years of rigorous imprisonment. Appeal disposed of accordingly.
Issue of Consideration: Sagar s/o Sarangdhar Tembhikar Versus State of Maharashtra
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