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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
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 01-03-2001 at 9.55 P.M. while he was talking with his nephew Dinesh Singh to participate in “bhoj” given by co-villager Indrajit Singh, at the same time, Pappu Singh came holding knife along with Guddu Singh and started abusing him. They demanded money from his nephew Dinesh Singh, when Dinesh Singh fo
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 court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, 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 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.
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