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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Ram Dayal Paswan, Son of Sri Kari Paswan – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. conviction details and charges against appellant (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments from both parties on evidence (Para 11 , 12) |
| 3. court's analysis on inconsistencies in witness statements (Para 13 , 23 , 26) |
| 4. legal standards for proving intent under ipc section 307 (Para 25) |
| 5. final acquittal of appellant with benefits of doubt (Para 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
The present appeal preferred by appellant/convict against judgment of conviction dated 14.02.2004 and order of sentence dated 17.02.2004 passed by the learned 1st Additional Sessions Judge, Aurangabad, in S.Tr. No. 36/96 and 227/97 whereby and whereunder appellant/convict has been convicted for the offences punishable under Section 307 of the Indian Penal Code and for the offences punishable under Section 4 of the Explosive Substance Act and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 307 of the IPC and further sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 4 of the Explosive Substance Act and fine of Rs. 3,000/-, in default of payment of fine, he sha
Conviction under Section 307 IPC requires clear proof of intent to kill; mere injuries or hostile testimony without corroborating evidence are insufficient for conviction.
The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, 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 main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
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