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CHANDRA SHEKHAR JHA
Chandan Kumar, son of Sunil Thakur – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard Mr. Ramakant Sharma, learned senior counsel duly assisted by Mr. Bipin Kumar, learned counsel for the appellant and Mrs. Anita Kumari Singh, learned Additional Public Prosecutor for the State.
2. The present appeal preferred under Section 374(2) of the Code of Criminal Procedure (in short the ‘Cr.P.C.’) challenging the judgment and order of conviction dated 07.11.2022 and order of sentence dated 24.11.2022, respectively as passed by learned Additional District & Sessions Judge-XI, Begusarai in connection with Sessions Trial No. 736/2018 arising out of Begusarai Barauni (FCI) P.S. Case No. 113 of 2018, whereunder appellant-accused was convicted for offence punishable under Section 307/120B of the Indian Penal Code and sentenced to undergo simple imprisonment for ten (10) years and fine of Rs. 10,000/-, in default of payment of fine, further to undergo S.I. for 4 months in addition to the substantive punishment. The learned trial court further sentenced him to undergo S.I. for one month under Section 341 of the I.P.C. The appellant further convicted for the offence under Section 387 of the I.P.C. and sentenced to undergo imprisonment for three (3) years and fine of Rs.
The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, leading to acquittal.
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.
The court emphasized that a single credible witness's testimony is sufficient for conviction, even with investigative lapses, provided it establishes the prosecution's case beyond reasonable doubt.
Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.
The prosecution failed to prove beyond a reasonable doubt due to unreliable witness testimonies and procedural errors, resulting in the acquittal of the appellants.
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