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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Ganesh Sahni @ Ganesh S/o Shri Sukhdeo Sahni – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. The present appeal has been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 10.06.2005 and order of sentence dated 13.06.2005 passed by learned Additional Sessions Judge-cum-Fast Track Court No. 3, Madhubani in Sessions Trial No. 6 of 1993 arising out of Bisfi P.S. Case No. 147 of 1991 whereby appellant nos. 1 and 7 have been convicted for the charges under Sections 307 /149 of the IPC and Section 148 of the IPC and they have been sentenced to undergo R.I. for five and two years respectively and remaining appellant no(s). 2 to 6 have been convicted for charges under Section 307 /149 of the IPC and Section 147 of the IPC and they have been sentenced to undergo R.I. for five years and one year respectively. All aforesaid sentences ordered to run concurrently.
2. The brief facts of the prosecution case is that on 04.08.1991 at about 8:00 AM the informant Ram Gopal Thakur (P.W. 4) was transplanting the paddy seedlings by the labourers in his filed bearing old khesra no. 2088/new khesra no. 2446 situated at village
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
The prosecution must prove its case beyond reasonable doubt, and the benefit of doubt goes in favor of the accused when the evidence is inconsistent and unreliable.
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....
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