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P. N. DESAI
Babajan Modinsab Tahashildar – Appellant
Versus
State Of Karnataka, Repd. By Annigeri P. S. , Repd. By State Public Prosecutor – Respondent
JUDGMENT :
1. This appeal arises out of the judgment passed by the III Addl. District and C/C II Addl. District and Sessions Judge Dharwad in S.C.No.130/2010 by judgment dated 23.06.2012 wherein the appellant/accused was convicted for the offence punishable under Section 307 of Indian Penal Code (In short ‘IPC’) and sentenced to undergo rigorous imprisonment for two years and fine of Rs.1,000/-and in default of payment of fine he shall further undergo rigorous imprisonment for one month. The appellant/accused is also sentenced to undergo rigorous imprisonment for two years and fine of Rs.1,000/- (Rupees one thousand only) for the offence punishable under Section 326 of IPC and in default of payment of fine, he shall further undergo rigorous imprisonment for one month.
2. The appellant in this appeal was the accused before the trial Court. Appellant will be referred as per his rank before the trial Court for convenience. The brief case of the prosecution is that, the appellant/accused and PW.5 are husband and wife. PW.4Salma is the wife of brother of accused by name Imamsab, who is complainant (PW7) in this case. It is the case of prosecution that the wife of Imamsab–PW.7 by name Sa
The intent to commit murder must be proven beyond reasonable doubt, and in this case, it was established that the act fell under grievous hurt.
The court clarified that conviction under IPC Section 307 can be established not just through harm caused but also through the intent of the accused, underlined by consistent eyewitness accounts.
The court upheld the conviction under Section 324 IPC based on consistent eyewitness accounts, while acquitting one appellant due to evidence of his absence during the incident.
Point of Law : Evidence let in by the prosecution has to be assessed carefully and cautiously and it should not be brushed aside. [Para 30]
The judgment emphasizes the importance of corroborative evidence and the need for caution in evaluating the testimony of an inimical witness. It also highlights the impact of non-examination of the I....
Conviction for murder can be reduced to culpable homicide not amounting to murder if committed in a sudden fight without premeditation, as established in this case.
Intent to kill under Section 307 IPC necessitates specific evidence; absence of concrete proof results in acquittal for grievous intent while confirming lesser charges.
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