Appeal against the conviction under Section 307 of the Indian Penal Code (IPC) for attempted murder. The appellant was convicted by the First Adhoc Additional Sessions Judge, Aurangabad, but the appeal challenges this conviction. The appellant's counsel argues that the evidence is unreliable and the injuries do not support a conviction for attempted murder. The court ultimately finds that while the appellant's guilt is established, the conviction under Section 307 IPC is not supported by the evidence. Instead, the conviction is modified to Section 323 IPC for causing simple injuries, reducing the sentence accordingly.

Case Overview

1. Conviction and Appeal:

   • Conviction under Section 307 IPC by First Adhoc Additional Sessions Judge, Aurangabad in Sessions Case No. 246 of 2002.
   • Appellant challenges the conviction dated 07.01.2004.

2. Background of the Case:

   • Informant PW-5 had conflicts with Bharti, a former colleague.
   • Various interactions and threats from Bharti's brother, Dayanand Toshniwal.
   • Incidents leading to the assault on PW-5 by Jitendra Toshniwal and Ujwal Bharat Patil.

3. Incident Details:

   • Series of phone calls and meetings leading up to the assault.
   • PW-5 was assaulted in a car and thrown out, then reported the incident to the police.

Submissions

4. Arguments by Appellant's Counsel:

   • Questioned the reliability of PW-5's testimony.
   • Highlighted inconsistencies and lack of corroborative evidence.
   • Argued that the injuries do not support a charge under Section 307 IPC, suggesting Section 323 IPC instead.

5. Arguments by Respondent's Counsel:

   • Asserted that the prosecution proved the case beyond reasonable doubt.
   • Emphasized the reliability and corroboration of PW-5's testimony.
   • Argued for the upholding of the trial court's judgment.

Prosecution Evidence and Analysis

6. Witnesses and Evidence:

   • Testimonies from various witnesses including the informant, medical officer, and truck driver.
   • Recovery of evidence such as the vehicle, hammer, and blood-stained clothes.

7. Key Witness Testimonies:

   • PW-1 to PW-9 provided various degrees of corroboration to the incident.
   • Medical evidence confirming simple injuries.

8. Cross-Examination Findings:

   • Cross-examination did not significantly undermine the prosecution's case.
   • PW-5's testimony remained largely unchallenged.

Legal Analysis

9. Assessment of Evidence:

   • Court found PW-5's testimony credible and corroborated by other evidence.
   • Medical evidence supported the occurrence of the assault but indicated simple injuries.

10. Reevaluation of Charges:

• Court concluded that the evidence did not support a conviction under Section 307 IPC.
• Modified the conviction to Section 323 IPC for causing simple injuries.

Conclusion and Order

11. Court's Decision:

• Partially allowed the appeal.
• Conviction under Section 307 IPC set aside.
• Appellant found guilty under Section 323 IPC and sentenced to 6 months of simple imprisonment and a fine of Rs. 1000.
• Appellant entitled to relief of set-off as per Section 428 of the CrPC.
• No change to the rest of the trial court's order.