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ALOK KUMAR PANDEY
Chandan Kumar Mandal – Appellant
Versus
State of Bihar – Respondent
ALOK KUMAR PANDEY, J.:–The present appeal has been directed against the judgment of conviction dated 11.01.2018 and order of sentence dated 15.01.2018 passed by learned Additional Sessions Judge-V, Bhagalpur in Sessions Trial No. 35/2017, Trial No. 534 of 2017 arising out of GR Case No. 3169 of 2016 connected to Nathnagar (Madhusudanpur) P.S. Case No. 250/2016 whereby and whereunder appellant has been convicted for the offences punishable under Sections 307, 324 and 341 of the IPC and has been sentenced to undergo rigorous imprisonment for ten years along with fine of rupees five thousand (Rs. 5,000/-) for offence under Section 307 of the IPC. The appellant has further been sentenced to undergo rigorous imprisonment for three years along with fine of rupees one thousand only (Rs. 1000/-) for offence under Section 324 of the IPC and an imprisonment for a term of one month and a fine of rupees five hundred only (Rs. 500/-) for offence under Section 341 of the IPC. In case of default in payment of fine, he shall further undergo simple imprisonment of one month. All the sentences shall run concurrently.
2. According to fardbeyan of informant-cum-victim (PW-3) the occurrence is of 06.09.
The prosecution must prove its case beyond reasonable doubt, and the benefit of doubt goes in favor of the accused when the evidence is inconsistent and unreliable.
The court established that conviction under Section 307 IPC requires clear evidence of intent to kill, which was not proven, leading to the conviction being overturned.
Eyewitness testimony, especially from injured witnesses, holds significant evidentiary value in establishing guilt beyond reasonable doubt in criminal cases.
Prosecution must provide reliable evidence, including original injury reports, to establish guilt beyond reasonable doubt; inconsistencies and lack of corroborating evidence may lead to acquittal.
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
The main legal point established in the judgment is the importance of intention and knowledge in determining the offence under Section 307 IPC, the principles of vicarious liability under Section 34 ....
The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
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