Orissa High Court Upholds Conviction, Reduces Sentence In Attempt To Murder Case After Over 3 Decades

The Orissa High Court has recently reduced the sentence of imprisonment imposed upon a man who was found guilty for attempt to murder of a lady whom he stabbed multiple times in the year 1992, causing serious abdominal injuries including protrusion of intestines.A Bench of Justice Sibo Sankar Mishra though upheld the order of conviction handed down by the trial Court, due to passage of almost 31 years in between the order of conviction and hearing of appeal, it was of the view that reducing the sentence to period of imprisonment already undergone by the accused shall balance the scales of justice. The Judge accordingly observed –“At that point of time, the appellant was about 22 years of age. Hence, at present, the appellant would be about 55 years of age. Much water has flown under the bridge by now. The appellant is already settled in his life with his family. Over the years, he has lived peacefully, well integrated into society, and is presently leading stable family life. Incarcerating him at this belated stage would have a serious and cascading effect on the entire family. Therefore, he submitted that a lenient view should be taken while considering the sentencing of the appellant.”The case emanates from an incident which occurred on 09.02.1992. As per the prosecution story, the victim-lady, who was then aged about 22 years, was taken by the accused/appellant to a lonely place of their slum while she was returning to her home from work in the evening. As per her testimony, the appellant went on stabbing her with a knife “like a man cutting a goat”. The father of the victim also deposed to have seen the accused lifting his daughter to a nearby place in the evening of the fateful day. When he intervened, he was allegedly given a push by the appellant upon which he fell down. Subsequently, upon chasing, he saw the accused giving a severe knife blow to the belly of the victim which led to the protrusion of her intestines.The treating doctor stated that all the injuries were covered by medicaments and niko plast. Therefore, he could not give the details of the injury sustained by the victim. However, he deposed that she was referred to the S.C.B. Medical College & Hospital, Cuttack from the Sub-Divisional Hospital, Kendrapara for serious abdominal injury and a surgery was done.Basing upon the aforesaid evidence of witnesses, the Assistant Sessions Judge, Kendrapara convicted the appellant on 01.08.1995 for the offence punishable under Section 307 of the IPC and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/- (rupees one thousand), in default, to undergo further rigorous imprisonment for six months more. Interestingly, though the appeal was filed in the year 1995 itself, none appeared for the appellant whenever the matter was taken up for hearing. Thereafter the Court, through its own motion, engaged amicus curiae to represent the appellant. Two such amicus curiae did not appear despite listing of the case for hearings. Ultimately, two other Advocates were engaged by the Court to represent the appellant.The amicus curiae vehemently opposed the finding of guilt on the premise of absence of injury report. It was the contention on behalf of the appellant that non-production of the injury report by the prosecution and non-proving of the injuries sustained by victim through adequate oral or documentary evidence goes to the root of the matter. Therefore, the conviction recorded under Section 307 of the IPC is not safe to be sustained. Besides that, inconsistencies in witness testimonies were also pointed out to weaken the prosecution case.Upon hearing both the sides, Justice Mishra was of the view that the contradictions are not substantial enough to sideline the evidence of the victim and the other circumstantial evidence. Thus, he held–“The fact remains that P.W.4 has sustained injuries at the hands of the accused. The post-occurrence witnesses have lent support to the evidence of P.W.4 besides the evidence of P.W.1 supporting the narrative of the incident…. P.W.7, the doctor has also deposed that P.W.4 was admitted to the hospital and she was operated upon. The injuries sustained by P.W.4 are grievous in nature which is apparent from the evidence of P.W.7. Although the prosecution has failed to bring on record the injury report, but mere non-production of the injury report cannot wash away the evidence of P.W.7.”Though the order of conviction was found to be justified, the Judge adopted a lenient view so far as the question of sentence is concerned. He was of the view that significant passage of time, i.e. 34 years since the offence, integration of the appellant to the mainstream society, his peaceful leading of family life etc make out a case for reduction of sentence to the period he has already undergone behind the bar, i.e. a period of 1 year, 7 months and 5 days. Notwithstanding that, the fine amount was increased from Rs. 1000/- to Rs. 20,000/-, failing the...

Orissa High Court Upholds Conviction, Reduces Sentence In Attempt To Murder Case After Over 3 Decades

LIVELAW NEWS NETWORK

Tags