Back
JITENDRA KUMAR
Md. Sahabuddin S/o Md. Zabbar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The present appeal has been preferred against the impugned judgment of conviction and order of sentence both dated 27.02.2016, whereby all the four appellants have been acquitted of charge under Section 307 of the Indian Penal Code but convicted under Section 341, 323 and 504 of the Indian Penal Code and two appellants Md. Shahabuddin and Md. Zahid have also been found guilty under Section 324 of the Indian Penal Code and they have been sentenced to undergo imprisonment for one month under Section 341 of the Indian Penal Code and to undergo imprisonment of one year under Section 323 of the Indian Penal Code and imprisonment of two years under Section 504 of the Indian Penal Code. Two Appellants Md. Shahabuddin and Md. Zahid have also been sentenced to rigorous imprisonment for three years under Section 324 of the Indian Penal Code and they have been also directed to pay fine of Rs. 5,000/- each and in case of default to pay the fine, they have been also directed to undergo additional rigorous imprisonment for three months. All the sentences were directed to run concurrently.
Prosecution case.
2. The prosecution case as emerging from the written report given by the informant
The court upheld the conviction of the appellants for assault, emphasizing the reliability of injured witnesses and granting probation under the Probation of Offenders Act.
The court held that while the standard of evidence met guilt under Section 324, it did not suffice for Section 307; a reformative sentencing was favored due to the delay in justice and the appellants....
The main legal point established in the judgment is the successful proof of the charge against the appellants under Sections 325/34 of the Indian Penal Code, as well as the application of the Probati....
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 court ruled that insufficient evidence of grievous injury precludes conviction under Section 307 IPC, while lesser charges were upheld.
The main legal point established in the judgment is the court's decision to affirm the guilt of the petitioners for certain offences under the Indian Penal Code, set aside the judgment of conviction ....
The central legal point established in the judgment is the distinction between the offences under Section 302 and Section 304 (Part-1) of the Penal Code, based on the circumstances and intent of the ....
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
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
