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ANOOP KUMAR MENDIRATTA
Narender Kumar @ Bittoo – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. - Present appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 482 Cr.P.C. against judgment and order on sentence, dated 09.07.2002 and 15.07.2002 respectively, in SC No.5/99, whereby the appellant has been convicted under Section 307 IPC and sentenced to undergo RI for three years and a fine of Rs.1,000/- (in default of payment of fine, to undergo RI for one month). Benefit of Section 428 Cr.P.C. has also been extended to the appellant.
2. In brief, as per the case of the prosecution as recorded in the impugned judgment, on 12.08.1997, on receipt of DD No.8B, SI Randhir Singh along with Ct. Durga Prasad reached at M.R. Hospital, Village Karala wherein they were informed that injured Sanjay, after receiving first aid, left along with his brother for an unknown hospital. The injured could not be traced in any Government hospitals by SI Randhir Singh. In the meantime, DD No.5A was handed over to SI Randhir Singh wherein it was recorded that injured had been admitted in Saroj Hospital, Madhuban Chowk.
Statement of injured Sanjay was recorded wherein he alleged that on 12.08.1997 in the midnight
The credibility of witness testimony, corroboration of evidence, and the quality of evidence are crucial in determining guilt or innocence.
Reliance on the testimony of a single witness and the gravity of injuries in determining the intention behind the assault.
To establish an offense under Section 307 IPC, proof of intent to kill is required; a single injury does not suffice to conclude such intent, allowing for conviction under Section 326 IPC instead.
The court upheld the conviction for attempted murder but granted probation instead of imprisonment, emphasizing rehabilitation over punishment due to the appellant's age and reformation.
The intention to kill or knowledge that death will be caused is a question of fact and would depend on the facts of a given case. The injury inflicted by the accused was simple or minor will not by i....
The court affirmed the conviction for attempt to murder but granted probation instead of imprisonment due to the appellant's age and subsequent conduct, emphasizing rehabilitation over punishment.
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