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CHANDRA SHEKHAR JHA
Mohan Chaudhary – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the judgment of conviction dated 07.06.2023 and order of sentence dated 28.06.2023 passed by learned Additional Sessions Judge-X, Gopalganj in Sessions Trial No. 273 of 2015 (arising out of Barauli P.S. Case No. 173 of 2013), whereby the concerned Trial Court has convicted the appellants/convicts for the offences punishable under Section 341, 324 and 307/34 of the IPC, where Appellant No. 1 namely Mohan Chaudhary, has been sentenced SI for seven years alongwith fine of Rs. 25,000/- for the offence punishable under Section 307 of the IPC and in default of payment of fine further undergo SI for six months, SI for two years alongwith fine of Rs. 5,000/- for the offence punishable under Section 324 of the IPC and in default of payment of fine further undergo SI for one month and SI for one month alongwith fine of Rs. 500/- for the offence punishable under Section 341 of the IPC and in default of payment of fine further undergo S.I. for one week. Appellant No. 2 namely Rakesh Chaudhary has been sentence
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
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....
The testimony of an injured witness is highly reliable, and common intention among co-accused can be inferred from their conduct during the commission of the crime.
Common intention requires proof of a prior agreement to commit an offense, with liability under Section 34 based on shared intent and concerted action among accused.
Common intention under Section 34 IPC requires a pre-arranged plan; mere individual actions by co-accused do not suffice for joint liability in attempted murder.
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.
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