{"id":646,"date":"2020-04-23T10:30:08","date_gmt":"2020-04-23T10:30:08","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=646"},"modified":"2021-01-17T04:30:22","modified_gmt":"2021-01-17T04:30:22","slug":"can-the-mere-fact-that-a-person-has-threatened-to-take-strict-action-against-another-person-be-used-as-a-ground-for-convicting-a-person-for-attempt-to-murder","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/can-the-mere-fact-that-a-person-has-threatened-to-take-strict-action-against-another-person-be-used-as-a-ground-for-convicting-a-person-for-attempt-to-murder\/","title":{"rendered":"Can the mere fact that a person has threatened to take strict action against another person be used as a ground for convicting a person for attempt to murder?"},"content":{"rendered":"\n

Falgu Mukati | Pravin Gandhi College of Law | 25th February 2020 <\/strong> <\/p>\n\n\n\n

The State of Maharashtra vs Ajit Sing Sitaram Desai, Criminal Appeal NO.544 OF 2000<\/strong><\/p>\n\n\n\n

Matter <\/strong><\/p>\n\n\n\n

Dr Shetti (Victim\/Informant)\nwas the Dean of D.Y.Patil Medical College, Kolhapur. The workers\u2019 Union had\nbeen on strike before his joining the said college. Shri\nDesai (Accused), President of Workers\u2019 Union and his 10-15 supporters had been\nto the informant to discuss their various demands to which the informant\u00a0\u00a0 had advised them to go before the Management\nCommittee. Dr.Krishnaji Yadav, Administrative Officer of the said college had\ncomplained to Dr Shetti of the misbeviour meted out by the accused to him. The\naccused again visited the Informant and asked the fate of their demands. He\nalso threatened the informant of strict action against him. The informant gave\nhim (accused) a memo of his behaviour. On 5th June, 1998 at about 2.30 pm the\ninformant visited library and thereafter visited Room No.102 on the first floor\nand found it open.\u00a0 In order to find out\nwhether electrical work had been carried out in the said room or not, he went\nthere. According to him there were two male students and one female student. Meanwhile,\nsomeone gave blow of sharp weapon on the neck of the informant from behind and\nthat caused bleeding.\u00a0 The informant\nimmediately put his hand on the neck, turned back and saw accused running from\nthere.\u00a0 The informant raised commotion\nwhen Kiran Mane, Clerk and Dr.Yadav\u00a0 came\nand then the informant told about assault\u00a0\nat the hands of accused.\u00a0\u00a0 The\ninformant also told them about the presence of said two boys and one girl\nhaving witnessed the incident. The informant was then rushed to the C.P.R.\nHospital and admitted there.<\/p>\n\n\n\n

Appellant\u2019s Contention\n(State of Maharashtra)<\/strong><\/p>\n\n\n\n