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2026 Supreme(SC) 572

SANJAY KAROL, N. KOTISWAR SINGH
Roshan Lal – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rajiv Kapoor, Adv. Mr. Sumit Srivaastava, AOR Ms. Vagisha Kashyap, Adv. Mr. Gautam Awasthi, AOR Mr. Ayush Choudhary, Adv. Mr. Devanshu Yadav, Adv. Mr. Sameer Pandey, Adv. Ms. Chandni Sharma, Adv. Mr. Sahil Sharma, Adv. Mr. Rakesh Kumar Yadav, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. Rajesh Kumar Singh, A.A.G. Mr. Samar Vijay Singh, AOR Ms. Deepika Singh, Adv. Mr. Amit Pandey, Adv. Ms. Sabarni Som, Adv. Mr. Aman Dev Sharma, Adv. Mr. Gaj Singh, Adv. Mr. Amit Ojha, Adv. Mr. Milind Kumar, AOR Mr. Rajiv Kapoor, Adv. Mr. Sumit Srivaastava, AOR Ms. Vagisha Kashyap, Adv.

Judgement Key Points

Key Points: - The court discusses the essential elements required to convict under Section 307 IPC, focusing on intention/knowledge to commit murder and an overt act, not merely the nature of injury (!) (!) (!) (!) (!) . - The court holds that conviction under Section 307 IPC cannot be sustained where the prosecution fails to prove the requisite intention or knowledge, even if grievous injuries occurred; the appropriate outcome may be a conviction under Section 325 IPC if grievous hurt is proven in furtherance of common intent (!) (!) (!) . - The court analyzes the significance of surrounding circumstances, heat of the moment, and lack of premeditation to determine intent, and notes that ordinary lathi injuries may not indicate intent to kill in the absence of premeditation (!) (!) (!) . - The court alters the conviction from 307 read with 34 to 325 read with 34 IPC based on the evidence, and prescribes sentence accordingly with fines and possible default imprisonment (!) (!) (!) . - The judgment references applicable legal principles for interference in concurrent findings and outlines the limited grounds for this Court to reappraise evidence in criminal appeals by special leave (!) (!) (!) (!) (!) (!) (!) . - The court relies on eye-witness testimony and medical evidence to establish grievous hurt and its relation to Section 320 IPC clauses Seventhly and Eighthly (!) (!) . - The court details the procedural history: trial court conviction, High Court affirmation, and subsequent appellate modification of charges and sentencing (!) (!) (!) (!) . - The court provides the permissible scope of inference for intention from circumstances and weapon/weapons used, and the standards for evaluating such in Section 307 cases (!) (!) (!) (!) - (!) .

How to determine whether an act constitutes an offense under Section 307 IPC given the requisite mens rea and actus reus?

How to assess whether the prosecution has established intention/knowledge to commit murder beyond the actual injuries, and when to convert a conviction from Section 307 IPC to Section 325/34 IPC based on the evidence?

What are the consequences when the High Court’s findings are upheld or reversed in light of concurrent findings and principles for interference in criminal appeals by special leave?


JUDGMENT :

NONGMEIKAPAM KOTISWAR SINGH, J.

1. The present three appeals, Criminal Appeal Nos.2207/2011, 2209/2011 and 2210/2011 have been preferred against the common judgment and order dated 16.08.2010 passed by the High Court of Punjab & Haryana in CRA No. 801-SB of 2002 as well as CRA No. 802-SB of 2002, dismissing the appeals filed by the appellants herein, upholding the conviction and sentence imposed by the Additional Sessions Judge, Rewari, (Trial Court), vide its judgment dated 02.05.2002 in Sessions Case No. 13/2000 in relation with FIR No. 116 dated 06.06.2000, initially under Sections 323/325/506 IPC, with Section 307 IPC added later; trial charge under Sections 307/506 read with Section 34 IPC.

2. At the outset, it is apposite to recall the principles applicable when dealing with concurrent findings of the courts below, for which we may refer to the decision in Dalbir Kaur and Others vs. State of Punjab, (1976) 4 SCC 158, wherein it was held as below:

    “8. Thus, the principles governing interference by this Court in a criminal appeal by special leave may be summarised as follows:

(1) that this Court would not interfere with the concurrent finding of fact based on pure appreci

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