Back
RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Suresh Paswan, Son of Late Dhanraj Paswan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard Mr. Prince Kumar Mishra, learned counsel for the appellant, Mr. Bimal Kumar, learned counsel for the respondent nos. 2 to 11 and Mr. Parmeshwar Mehta, learned APP for the State.
2. This appeal has been preferred for setting aside the judgment of conviction and order of sentence dated 23.05.2023 (hereinafter referred to as the ‘impugned judgment/order’) passed by the learned Additional District and Sessions Judge-II, Katihar (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 486 of 2012 arising out of Mansahi P.S. Case No. 117 of 2011 whereby and whereunder the respondent nos. 2 to 11 have been acquitted of the charges under Sections 148, 380, 307 and 436 of the Indian Penal Code (in short ‘IPC’) and they have been held guilty for lesser offences under Sections 323 and 325 read with Section 149 IPC. Having held respondent nos. 2 to 11 guilty for the offences punishable under Sections 323 and 325 read with Section 149 IPC, the learned trial court has sentenced them for simple imprisonment of one year and a fine of Rs. 10,000/-under Sections 323/149 IPC and a simple imprisonment of one year and a fine of Rs. 10,000/-
The court ruled that mere infliction of simple injuries does not imply intent to kill, emphasizing that the determination of culpability under Section 307 IPC hinges on the accused's intention.
The central legal point established in the judgment is that the nature of injuries sustained and the absence of evidence reflecting an intention to commit murder influenced the court's decision in al....
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 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 court modified the conviction from attempted murder to a lesser charge due to insufficient evidence of intent and lack of specific identification of the appellants as shooters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
