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SHAMPA DUTT (PAUL)
Paresh Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
The Appeal:-
1. The present appeal has been preferred against a judgment and order dated 30.04.2016 and 02.05.2016, passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Kandi, Murshidabad in Sessions Trial No. 07 (05) 2012 (Corresponding to Sessions Serial No. 49 of 2011), thereby convicting the appellant no.1 for the commission of the offence punishable under Section 324 of the Indian Penal Code and sentencing him to undergo simple imprisonment of 3 (three) years and to pay a fine of 1,000/-, in default to undergo simple imprisonment for a further period of one month and also convicting the appellants no. 2-4 for the commission of the offences punishable under Sections 325/308/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for a period of 7 (seven) years for the commission of the offence punishable under Sections 325/34 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of 7 (seven) years and to pay a fine of Rs. 2,000/- in default to undergo rigorous imprisonment for a further period of 2 (two) months for the commission of the offences punishable under Sections 308/34 of
The court established that the nature of injuries and intent are crucial in determining the appropriate charge under IPC, emphasizing the need for substantial evidence linking actions to the cause of....
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
The testimony of injured witnesses is accorded special status and should be considered reliable unless substantial contradictions arise.
The court established that intent to kill under IPC Section 307 cannot be inferred solely from the nature of the injuries; the context of the assault is crucial.
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.
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