A conviction for Attempt to Murder (Section 307 IPC) cannot be sustained where medical evidence fails to demonstrate injuries on vital parts capable of causing death, and where independent witnesses contradict the prosecution narrative, rendering the evidence unreliable.

(CAV Judgment)

1. This appeal arises out of the judgment of conviction and order of sentence dated 05.09.2012 passed by the 2nd Additional Sessions Judge, Balodabazar, District Raipur (C.G.), in S.T. No.01/2012 convicting and sentencing the appellants as under :-

2. The prosecution story, in brief, is that on the night of 01.05.2009, the complainant, along with villagers namely Ramnivas, Gangaprasad, Radheshyam, Jhaduram, Rekhachand, Budheshwar, Chhotelal, Manohar and others from his village, had gone to village Taalgaon to attend a social meeting. In the said meeting, villagers namely Dulaar, Hetram, Lakhan Yadav, Shankar Chandra, Vishram Satnami, Ramkumar Chandra and Bharat Chandra refused to abide by the decision of the community and left the meeting midway. Thereafter, when the complainant and his companions were returning to Saloni Kala in a Bolero vehicle, upon reaching near village Girwani, it was found that Lakhan Satnami, Dulaar Satnami, Vishram Satnami, Ramkumar Chandra, Bharat Chandra, Hetram and Chaitram Satnami were already present there, having parked a tractor belonging to village Sarpanch Ramkumar by the roadside, and were armed with lathis, sticks and tangia (axe). As soon as the complainant party reached nearby, the accused persons stopped the Bolero vehicle and hurled filthy and obscene abuses in the name of mother and sister, threatening to kill them, and thereafter assaulted the complainant party with lathis, sticks and tangia. As a result thereof, the complainant sustained injuries on his hands, legs, chest, back and waist. After completion of the necessary investigation, a charge-sheet under Sections 341, 294, 323, 324, 506-B, 147, 148, 149, 325 and 307 of the Indian Penal Code was filed against the accused/appellants before the jurisdictional Magistrate. After filing of charge-sheet, the trial Court framed charges against the accused/appellants under Sections 148, 341, 294, 307/149, 324/149 (on two counts), 506-B and 427 of IPC, wherein they prayed for trial.

3. So as to hold the appellants guilty, the prosecution examined as many as 23 witnesses. Statements of the appellants were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

4. The trial Court, after hearing counsel for the respective parties and considering the material available on record, while acquitting the appellants of the charge under Sections 194, 506(B) IPC, has convicted and sentenced the appellants as mentioned in para-1 of this judgment. Hence, this appeal.

5. Learned counsel for the appellants submits that the learned Trial Court committed a serious error in convicting the appellants under Section 307 of the Indian Penal Code, whereas a perusal of the Medico-Legal Certificate (MLC) clearly demonstrates t