High Court allowed appeal against conviction under Section 307 IPC. Bench found key prosecution witnesses unreliable and victim unaware of attacker's identity, granting benefit of doubt and acquitting appellant.
Appellant acquitted of charges under Section 307 IPC. Impugned judgment of conviction set aside. Fine refunded.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Reserved on 31st August, 2022 Pronounced on 5th September, 2022
CRA-S No.392-SB of 2004
Shiv Kumar
....Appellant
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Tribhawan Singla, Advocate for the appellant.
Mr. Ramesh K. Ambavta, Asstt. Advocate General, Haryana for the respondent-State.
PANKAJ JAIN, J. (ORAL)
This is an appeal against judgment of conviction and order of sentence dated 25th November, 2003/27th November, 2003 passed by Additional Sessions Judge, Ambala, whereby the appellant has been convicted for offence punishable under Section 307 of the Indian Penal Code, 1860 (for short, 'the IPC') and has been awarded Rigorous Imprisonment for 5 years and fine of Rs.5,000/-.
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complainant with knife and stabbed her in the right thigh. She started bleeding. Thereafter, the appellant consumed some poisonous substance and became unconscious. After some time father of the victim came and took both of them to the hospital. It was alleged that the appellant wanted to marry the victim and had threatened her in morning on the same day that either she should agree to marry him or he would kill her.
the victim :-
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towards them armed with knife and asked her to marry him. When she refused, the accused tried to give knife stab in her stomach but the same struck on her right thigh. She further deposed that the accused again gave a knife stab which struck on her left thigh. The other blow she resisted with her hands due to which her hands got injured. She deposed that owing to injuries she became unconscious and started bleeding. Believing the statement suffered by the victim and that by PW7, Trial Court convicted the appellant holding him guilty for offence punishable under Section 307 IPC but acquitted him of the offence punishable under Section 309 IPC and Section 25 of the Arms Act. He has been awarded sentence of RI for 5 years and to pay a fine of Rs.5,000/-.
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the prosecution. He further contends that the prosecution claims that the knife was recovered at the instance of accused after Disclosure Statement suffered by him Exhibit P17. In case the accused became unconscious after consuming poison, as projected by the prosecution, how could he hide the knife in the bushes and get the same recovered at the later point of time. He has further drawn attention of this Court to the statement of Dr. Tarsem Monga, PW-13. Dr. Tarsem Monga Medico-legally examined the injuredvictim and is author of MLR, Exhibit P-19. As per his statement, possibility of injuries inflicted on person of victim by some arm other than Ex.PA cannot be ruled out. Lastly, Counsel for the appellant submits that the incident is of the year 2002. The appellant has already undergone sentence of 1 year, 6 months and 4 days. There is no other case against the appellant. He is a young man of 36 years of age. Both the parties i.e., the appellant as well as the victim are now well settled and have moved ahead in their respective lives. Hence, the sentence of the appellant be reduced and modified to the period already undergone.
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“After recording my statement I was told by the police that the name of the accused was Shiv Kumar. At the time of occurrence because of fear I had not seen who had given me
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the stab injuries. Because of the fear I have become unconscious.”
9. W.r.t. PW9-Poonam, victim states that -
“Poonam was not attacked and I alone was given stab injuries. Poonam was away from me at that time. She was at a distance of 10 steps from me when this occurrence had taken place. But she stopped when she came to know about the occurrence. She did not intervene when I was attacked by the culprit but she raised alarm.”
“...It is correct that if the edges are sharp from both sides, only then injuries, as mentioned in MLR, can be caused with that weapon. Most of upper portion of the chura Ex.PA is blunt and only 1 cm. portion of the upper side is sharp. Further stated that even this 1 cm portion on upper side is razor sharp. If injury inflicted with weapon Ex.PA, is more than 1 cm. in depth, then one side of wound will be having irregular margins. Injury no.3 can also be caused by the weapon Ex.PA. It is wrong to suggest that Injury no.3 can not be caused by Ex.PA. if it was not sharp edged from both sides. It is correct that the tip of Ex.PA is little bit curved. It is further correct that if any injury would be caused by this weapon, wound caused by it would be elyptical. It is
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correct that I have not mentioned in my MLR whether the wound was linear or elyptical. It is wrong to suggest that wounds on person of Monica were caused by some other weapon. The possibility of injuries inflicted on person of Monica by some other than Ex.PA cannot be ruled out.”
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prosecution. Trite it is that the benefit of doubt must go in favour of the accused. Consequently, the present appeal is allowed. The appellant is acquitted of the charges punishable under Section 307 IPC, extending him benefit of doubt.
ORDER
(i) CRA-S No.392-SB of 2004 is allowed. (ii) The impugned judgment/order of conviction dated 25th November, 2003/27th November, 2003 passed by Additional Sessions Judge, Ambala, whereby appellantShiv Kumar has been convicted for offence punishable under Section 307 IPC and sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5,000/-, and in default of fine to further undergo Rigorous imprisonment for 3 months, is set aside.
(iv) Fine, if paid, be refunded to him.
September 05, 2022 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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2 issues framed by the court
Whether the evidence establishes guilt beyond reasonable doubt for the offence of attempted murder under Section 307 IPC.
Whether the conduct of prosecution witnesses PW7 and PW9 casts doubt on the prosecution case justifying the accused's acquittal.
1 provisions across 1 enactments
Shiv Kumar
State of Haryana
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
