Appeal against conviction for murder and attempt to murder. Court rejected claim of accident; convicted appellant based on corroborative witness evidence and post-mortem findings of stab injuries.
Conviction and sentence under Sections 302 and 307 IPC affirmed and appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRIMINAL APPEAL NO35flJ2(flG
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By sr ardakish•re Pooh Xth octe;
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he was lound dead. PV 2 gave complaint around 00.45 The 1)100(1 stained articles were from not sent to FST for determining the blood group. to liii Ic finger with the knife. The neighbourers caine IC) 2. inj it red 1.0. 1.0. PW 3 t real ed and their won nd certificates are the scene and accused ran avay causing injury to the mother. The accused pulled and bent the deceased and stabbed hini with knife. hours. The 10 dIspatched FIR to Magistrate at 09.15 the scene. after completion of investigation has flied chargesheet. Injured Naveen was taken to Haul Mines hospital where obtained. The statements of witnesses recorded by the came to rescue, the accused beat hint and caused injury The deceased took objection for abusing and a.m. Post mortem Is conducted. PW 2 and 3 who were have 1)eeIl seized but
for causing death of Naveen charged 3. Accused charged for committing ollences n/s ti/s 302 of 1PC. cause murder and 307 for causing injuries to PW 2 and 3 with intention to
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evidence consistent with the complainant. PW 4 and 5 who are the nelghbourers who come to the scene after conclusion of assault but their evidence disclose that the accused was seen holding knife and was tin-eat citing the people vitIi dire consequences if they interfere. The accused said to have fled away from the place later on. Post mortem report discloses death of Naveen is homicidal death. Post mortem shows that the deceased sustained following injuries:
Hemorrhagic incised wound over back at level of between 8” and thorasic vertebra. horizontal edges are clean cut. length 3” long, depth 2” direction downwards, muscles cut, TVC injured (punctured) ½ inch length. 9-
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Death Is due to cerebral hypaxia as a result of primary hemorrhage from IVC. Death Is said to be homicidal 12 hours prior to post mortem.
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dcce isni accident lv fell on hit’ piercing edge ol Li it’ door and sustained injuries. The Injuries are not caused by and others but police did not entertain the complaint. had Liii door with piercing edges. In the said quarrel the deceased on tile other part. It is suggested in the cross examination of witnesses that door of the house of PW 2 302 and 307 of IPC. Accused has been falsely implicated for the charge u/s knife. It is further argued that the accused in fact first Went It) the police Station to give complaint against PW 2
that at the bar we find that the contention of the appellant is cracker box and he started abusing to PW 2. demanded deceased unteitable. the accused came to the house the accused abused to him and stabbed on the back. PW 4 disclose Intervened that Accused also when who was also holding knife tried to assault PW 2 with Evidence of PW 2 an 3 clinchingly establish knife and blow fell on her right forearm. flicir evidence and 7. On thorough consideration of submission made
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and 5 VlIt) are lleighl)OLIrers. Their evidence
corroborates the evidence of PW 2 aitcl 3 and prove the iitciLciit. Their evidence disclose 1w the lime when they came to the house, deceased was lying with injuries, PW 2 and 3 had sustained injuries. Accused was at the spot wielding knife and he was threatening the people not to interfere. Later on accused said to have fled away from the scene.
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3 issues framed by the court
Whether the conviction under Section 302 IPC for causing death of Naveen is sustainable.
Whether the conviction under Section 307 IPC for causing injury with intention to cause death is sustainable.
Whether the contention that the death was due to an accident and not a knife stab is tenable.
2 provisions across 1 enactments
Unknown Appellant
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
