Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Guddu Singh @ Ghutuk Singh @ Gutuk Singh, son of Mathura Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. details of the prosecution's case (Para 2 , 3 , 4) |
| 2. arguments regarding the conviction under ipc (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis of evidence and intention (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. outcome of the appeal (Para 28 , 29 , 30 , 31) |
JUDGMENT :
Chandra Shekhar Jha, J.
The present appeal has been preferred by the appellant-convict under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 31.05.2005 and order of sentence dated 07.06.2005 passed by learned 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No. 71 of 2002/14 of 2003, whereby the concerned Trial Court has convicted appellant under Section 307 /34 of the IPC, where appellant sentenced to undergo rigorous imprisonment for five years along with fine of Rs. 2,500/- and in in default of payment of fine further directed to undergo rigorous imprisonment for six months. All aforesaid sentences ordered to run concurrently.
2. The brief facts of the prosecution case as it is apparent from written application lodged by the informant Bhagya Narain Singh (P.W.4) that on 01-
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
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 convictions from murder to culpable homicide not amounting to murder, emphasizing the need for established common intention among accused, reflecting principles of reasonable doubt....
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
The court clarified that for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
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
