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SUNIL KUMAR PANWAR
Sk. Khurshid, Son of S. K. Doman – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Sunil Kumar Panwar, J.)
Heard Mr. N.K. Agarwal, learned senior counsel on behalf of the appellants and Mr. A.M.P. Mehta, learned APP appearing for the state
2. This appeal has been preferred by the appellants being aggrieved and dissatisfied with the judgment of conviction dt. 20.01.2006 and order of sentence dt. 24.01.2006 passed by learned Additional District & Sessions Judge, F.T.C. No.-V, Araria, in Sessions Trial No. 653/1997 and 103/2004, whereby and whereunder the appellants/ convicts were convicted u/s 307 of the Indian Penal Code. The appellants have been sentenced to undergo rigorous imprisonment for five years for the offence punishable u/s 307 of the Indian Penal Code and fine of Rs. 1000/- (one Thousand) each and in default of payment of fine, they had further been sentenced to undergo simple imprisonment for one month.
3. In compliance of order dated 29.4.2024, a letter dated 26.6.2024 sent by Superintendent of Police, Araria has been received which suggests that appellant no.1 namely, S.K. Khurshid had died on 27.12.2017 and in this respect, death certificate is annexed with it. In such circumstances, appeal against appellant no.1 S.K. Khurshid stands abated
The prosecution failed to prove the charge under Section 307 IPC due to the nature of injuries being simple, leading to the setting aside of the conviction and acknowledgment of a valid compromise.
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
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 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 prosecution must prove its case beyond reasonable doubt; inconsistencies in witness testimonies and lack of corroborative evidence can lead to acquittal.
In cases of non-compoundable offenses, while the conviction cannot be set aside due to compromise, the sentencing may be adjusted based on reconciliation between parties and circumstances such as pre....
The court ruled that a lack of intent to kill leads to the conversion of conviction from Section 307 IPC to Section 325 IPC, allowing for compounding.
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