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CHANDRA SHEKHAR JHA
Sheonandan Singh – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.—At the outset, it is submitted that appellant no. 2 namely, Rampravesh Singh died during the pendency of present appeal. Accordingly, present appeal stands abated against him.
2. In view of aforesaid, now this appeal survives against appellant no(s). 1, 3, 4 and 5.
3. 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 28.06.2004 and order of sentence dated 29.06.2004 passed by learned Additional Sessions Judge (Fast Track Court No. III), Aurangabad in Sessions Trial No. 305 of 1990/194 of 2002, whereby the concerned Trial Court has convicted the appellants under Section 148, 307 and 149 of the Indian Penal Code (for short ‘IPC’) and appellants have been sentenced to undergo R.I. for two years under Section 148 of the IPC and ten years R.I. under Section 307/149 of the IPC. All aforesaid sentences ordered to run concurrently.
4. The brief facts of the prosecution case as it is apparent from fardbeyan of informant namely, Harihar Singh that his uncle Nand Kishore Singh resided with the informant promisi
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 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 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 clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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