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IN THE HIGH COURT OF JUDICATURE AT PATNA
SONI SHRIVASTAVA
Hare Ram Yadav, son of Late Bijo Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4 , 5) |
| 2. defense arguments regarding fir reliability. (Para 8 , 9 , 10) |
| 3. prosecution's case supported by eyewitnesses. (Para 11 , 12 , 22 , 25) |
| 4. conviction and sentence modifications discussed. (Para 32 , 41) |
| 5. final order of the court. (Para 42 , 43) |
JUDGMENT :
SONI SHRIVASTAVA, J.
1. Heard learned counsel for the appellants and learned APP for the State.
2. This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 29.11.2004 and 30.11.2004 respectively, passed by the learned Additional Sessions Judge-IV, Begusarai in Sessions Trial No.21 of 2002 (arising out of Ballia P.S. Case No.126 of 2001), whereby and whereunder the appellants have been convicted under Section 307 and 386 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘I.P.C.’) and have been sentenced to undergo rigorous imprisonment for seven years under /34 I.P.C. and they have been further directed to undergo rigorous imprisonment for three years under Section 386 /34 I.P.C. Both the sentences were directed to run concurrently.
3. Factual matrix of the case is that Ballia P.S. Case N
Conviction for attempted murder requires clear intent, and evidence of extortion must be proven beyond reasonable doubt; insufficient evidence led to modifications in charges.
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
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 court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
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....
An injured witness's testimony, which is significant in establishing guilt, can confirm the prosecution's case, and delays in lodging FIR can be validly explained without undermining the case.
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