An accused who was convicted for attempt to murder in a trial that lasted just one day has got relief from the Bombay high court after the court set aside the sentence and instead applied section 324 of IPC (causing grievous hurt).
Moreover, the court, after going through the evidence, also held that merely producing a medical certificate to establish a crime is not sufficient on the part of the prosecution, unless the medical officer concerned was also examined during the trial.
The court was hearing an appeal filed by Rajendra Pawar who was convicted by a Sewri sessions court in 1999 to seven years imprisonment on attempt to murder charges. Advocate Arfan Sait, who was appointed by the legal aid to represent the accused, had submitted that the entire trial was over in one day because of which the accused did not get the opportunity to defend himself.
Sait argued that the trial was held hastily, without trying to ascertain the truth of the matter.
The prosecution had put forward the theory that the assault was due to the enmity between the victim and the accused.
However, the court noted that as per the evidence of the victim, there was nothing to suggest that there was enmity to the extent that the accused desired to kill him.
“What is particularly significant is that there is no medical evidence as to the nature of injuries sustained by the victim. It is surprising that the medical officer, who examined the victim, and treated him, has not been examined,” justice AM Thipsay observed.
In September 1998, the accused allegedly attacked the victim over a dispute where the latter and some others allegedly kept the accused away from the affairs of a Dahisar temple.