The court established that intent to kill under IPC Section 307 cannot be inferred solely from the nature of the injuries; the context of the assault is crucial.

JUDGMENT :

SHAILENDRA SINGH, J.

The instant appeal has been directed against the judgment and order dated 03.08.2023 passed by the court of learned Additional Sessions Judge-V, Bettiah, West Champaran in Sessions Trial Case No. 763 of 2013/CIS No.1535 of 2013 arising out of Balthar P.S. Case No. 18 of 2009 by which the learned trial court convicted the respondent nos. 2 to 4 (hereinafter referred to as ‘respondents’) for the offences under Sections 34 1, 323 and 324 all read with the Section 34 of the INDIAN PENAL CODE ( in short ‘IPC’) instead of convicting the respondents for the charged offences under Sections 307 and 504 of IPC both read with Section 34 of IPC and acquitted them for the said charged offences, so, on account of being aggrieved, the appellant who was informant in Balthar P.S. Case No. 18 of 2009 preferred the instant appeal under Section 372 of the Code of Criminal Procedure, 1973 ( in short ‘Cr.P.C.’) with a prayer to set aside the judgment and order convicting and sentencing the respondents for lesser offences.

2. Heard Mr. Wasi Ahmad Khan, learned counsel appearing for the appellant and Mr. Binod Bihari Singh, learned Additional Public Prosecutor for the State.

3. We had issued notice to respondent Nos. 2 to 4. From the office notes it would appear that notice for respondent No. 3 has been served personally whereas notices of respondent Nos. 2 and 4 have been served upon their father. As such, we take that the notices have been validly served upon respondent Nos. 2 to 4. However, they have not entered appearance.

Prosecution Story:-

4. As per the informant, Salam Gaddi (PW-5), on 03.11.09 at about 8:30 A.M. his neighbours, Idrish Gaddi, Gaisul Azam Gaddi and Ali Azam Gaddi, the respondents, who had a land dispute with him, came behind his home at his Sehan land and started abusing him. When he told them to not abuse him then the respondents equipped with farsa, Iron Rod and lathi respectively came and started assaulting him. During that course, the respondent, Idrish Gaddi, inflicted a blow at the head of Jahangir Gaddi which resulted in serious injury to him and consequently, he fell down, after that, the respondent, Gaisul Azam, inflicted an iron rod blow at the head of one Mahboob Gaddi and thereby injured him and then the respondent, Ali Azam Gaddi, started inflicting lathi blows indiscriminately due to which his cousin brother sustained serious injury to his one finger. It was further alleged that during the occurrence, the accused/respondent Ali Azam, assaulted at the head of Sakil Gaddi and Aalim Gaddi and thereby injured them and thereafter, the respondent Aalim Gaddi entered into informant’s house and took away the ornaments and Rs. 800/- from a box. As per the informant, the alleged occurrence was witnessed by his several co-villagers.

5. The informant’s fardbeyan (Ext.-A) was recorded at Primary Health Center, Sikta by an A.S.I. of Police, namely, Bishwanath Prasad, on that basis, the formal FIR bearing registration No. 18 of 2009 was registered at Balthar Police Station for the offences under Sections 34 1/323/324/307/379/504 read with Section 34 of IPC.

6. After the completion of investigation, the respondents were chargesheeted for the offences under which the FIR was registered. Thereafter, the learned Magistrate took cognizance of the alleged offences and finding the case of the respondents to be triable by the Court of Session, committed the same to the Sessions court.

7. The respondents stood charged for the offences under Sections 34 1, 323, 324, 307 and 504 all read with Section 34 of IPC and the charges were read over and explained to