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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Akhilesh Prasad @ Akhilesh Singh, son of late Basudeo Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
This Interlocutory Application has been filed on behalf of the appellant for recalling the order dated 27.11.2018.
2. By filing a supplementary affidavit, it has been submitted that appellant of this appeal namely Akhilesh Prasad @ Akhilesh Singh is still alive. It is further submitted that due to a bona fide misunderstanding arising out of a telephonic communication, learned counsel for the appellant inadvertently informed the Court that the appellant had expired, whereas in fact, it was the father of the appellant who had died and not the appellant. It has further been submitted that the incorrect statement was neither intentional nor deliberate and no benefit could have accrued to the appellant by making such a submission. However, an unconditional apology has also been tendered on behalf of the appellant for the inadvertent mistake.
3. Learned counsel for the State has not controverted the aforesaid submissions.
4. Having considered the facts and circumstances of the case and the submissions made by the learned counsel for the appellant, this Court is satisfied that the incorrect statement was made due to a bona fide misunderstanding arising out of a telephonic communica
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 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 prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
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.
Conviction for attempted murder requires clear intent, and evidence of extortion must be proven beyond reasonable doubt; insufficient evidence led to modifications in charges.
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.
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
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