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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
Karamsingh Ratre S/o Duryodhan Ratre – Appellant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 16.02.2023 (Annexure A/1), passed by the learned First Additional Sessions Judge, Raigarh, Chhattisgarh in Sessions Trial No.41/2021 (State of Chhattisgarh v. Karamsingh Ratre), by which the appellant has been convicted for offences as under :-
| Conviction | Sentence |
| U/s 506 of IPC | R.I. for 02 years |
| U/s 307 of IPC | R.I. for 10 years with fine of Rs. 5000/- and, in default of payment of fine, additional simple imprisonment for 03 months. |
| U/s 201 of IPC | R.I. for 03 years with fine of Rs. 1000/- and, in default of payment of fine, additional simple imprisonment for 03 months. |
(All the sentences are to run concurrently.)
2. Case of the prosecution, in brief, is that on 17.03.2020 at around 11:30 to 12.00 at night at Village – Soopa, Police Station – Poosour, District - Raigarh, the appellant herein assaulted Ratiram Soni (PW-2) on his head with axe and also threatened him to kill and, thereby, have committed the aforesaid offences.
3. Thereafter, the written complaint was made by Gayatri Soni (PW-01), wh
The conviction for attempt to murder was upheld based on sufficient evidence, while the sentences were reduced for being excessive.
The conviction under Section 307 IPC requires proof of intention to cause death or grievous bodily harm, which was established despite the injuries being classified as simple.
Proof of grievous or life-threatening hurt is not essential for the offence punishable u/s 307 of the IPC. The intention of the accused can be ascertained from the actual injury and surrounding circu....
The court clarified that for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
Point of law: It is evident that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 I.P.C. The intention of the accused can be ascertained from the act....
The main legal point established in the judgment is that the intention of the accused in a criminal act may be deduced from circumstances and the nature of injuries caused, and it is not essential th....
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