Court Reverses Acquittal in Sharp Instrument Assault Case: Respondents Convicted Under IPC.


23 August 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Evidence >> Criminal Law  

In a significant ruling, the court has reversed the acquittal of Mohit Kumar and Sandeep Kumar, convicting them under Section 308/34 of the Indian Penal Code (IPC) for their involvement in a violent assault that left the victim with severe injuries. The original judgment, delivered on October 1, 2008, was challenged by the State through a Criminal Appeal, which has now resulted in a conviction based on compelling evidence.

The case originated on September 20, 2006, when the complainant, Maninder Gautam, was attacked outside his home by the two respondents. According to the prosecution, the accused called Gautam outside, verbally assaulted him, and then struck him on the back of the head with a sharp instrument, resulting in a deep wound that required 21 stitches. The injury was so severe that Gautam lost consciousness and was later hospitalized at Guru Teg Bahadur Hospital.

 
 

Witness testimonies played a crucial role in the prosecution's case. Kamal Singh, a neighbor who discovered Gautam lying unconscious, called the police, leading to Gautam's admission to the hospital. However, during the trial, discrepancies emerged in the witnesses' accounts, particularly between Gautam's statement and that of Singh, leading the learned Additional Sessions Judge (ASJ) to acquit the respondents due to insufficient evidence.

In the appeal, the State argued that the testimonies of both Singh and Gautam established a clear chain of events, and that minor discrepancies should not overshadow the core of the prosecution's case. The appeal highlighted that the injured party, despite being struck from behind, had accurately identified his attackers, further supported by medical records detailing the nature of his injuries.

The court, upon reviewing the evidence, emphasized that the prosecution had met the burden of proof required for a conviction under Section 308 IPC, which addresses attempts to commit culpable homicide. The court underscored the need to consider the intention behind the act, the weapon used, and the severity of the injuries inflicted. The assault, executed with a sharp-edged weapon, indicated a clear intent to cause serious harm, warranting a conviction.

Additionally, the court found inconsistencies in the defense's claims, particularly regarding a witness brought forward by the respondents who failed to provide credible testimony. The witness's bias was evident, as he was associated with the family of one of the accused. Ultimately, the court concluded that the evidence overwhelmingly supported the prosecution's case, setting aside the earlier acquittal. Mohit Kumar and Sandeep Kumar have been convicted and will face sentencing on August 30, 2024, marking a significant turn in this protracted legal battle and reaffirming the judiciary's commitment to justice in violent crime cases.

  Indian Penal Code, 1860