PANKAJ MITHAL, S. V. N. BHATTI
State of Himachal Pradesh – Appellant
Versus
Shamsher Singh – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Heard Shri Raj Kumar, learned counsel for the appellant and Ms. Asha Gopalan Nair, learned counsel for the respondent.
2. Under challenge in this criminal appeal preferred by the State of Himachal Pradesh is the judgment and order dated 14.07.2014 of the High Court whereby it has reversed the judgment and order of conviction passed by the trial court and had acquitted the accused-respondent from the offence under Section 307 of the India Penal Code,1[In short ‘IPC’] read with Section 27 of the Arms Act, 1959 but has convicted him for commission of offence under Section 326 IPC. The consequential order dated 28.07.2014, imposing punishment of the term already undergone by the accused-respondent, is also under challenge.
3. The accused-respondent is the sole accused who was found guilty for an offence under Section 307 IPC and Section 27 of the Arms Act, 1959. He was sentenced to undergo seven years of rigorous imprisonment under Section 307 with fine of Rs.20,000/-. In default of payment of fine, he was ordered to undergo simple imprisonment of one year. He was also punished for an offence under Section 27 of the Arms Act, 1959 with rigorous imprisonment
To establish an offence under Section 307 IPC, intention or knowledge to cause death must be demonstrated, which can be inferred from the circumstances, including the use of a firearm.
(1) ‘Motive’ is distinct from ‘object and means’ which innervates or provokes an action – Unlike ‘intention’, ‘motive’ is not the yardstick of a crime.(2) Illegal use of a licensed or sanctioned weap....
The prosecution must prove possession of arms and intent to kill for convictions under Sections 121 and 307 IPC; failure to do so results in acquittal.
Proof of grievous or life-threatening hurt is not essential for the offence punishable u/s 307 of the IPC. The intention of the accused can be ascertained from the actual injury and surrounding circu....
To establish an offence under Section 307 IPC, the prosecution must prove intent to kill, which cannot be inferred solely from the use of a lethal weapon or the nature of injuries inflicted.
Attempt to murder – Non-conviction under Section 307, IPC on the premise only that simple injury was inflicted does not follow as a matter of course.
The court clarified that merely using a licensed firearm unlawfully does not constitute an offense under the Arms Act without a licensing violation, while affirming sufficient grounds for attempted m....
The court held that the mere presence of injuries does not negate intent; evidence of planning and the nature of injuries confirmed the charge of attempt to murder, illustrating the required intent a....
Point of law: It is evident that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 I.P.C. The intention of the accused can be ascertained from the act....
The conviction for attempt to murder was upheld based on sufficient evidence, while the sentences were reduced for being excessive.
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