Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Tasleem – Appellant
Versus
State (Govt. Of Nct Of Delhi) – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. In this appeal under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the accused persons in Sessions Case No. 103/2016 on the file of the Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, assails the judgment dated 17.01.2017 and order on sentence dated
21.01.2017 as per which the accused persons have beenconvicted and sentenced for the offence punishable under Section 308 read with Section 34 of the Indian Penal Code, 1860 (the IPC ).
2. The prosecution case in brief is that on 04.04.2012 at around 11:30 PM, the accused persons in furtherance of their common intention, wrongfully restrained PW2 and voluntarily caused bodily injury on his head and stomach with an iron rod and a brick with the intention and knowledge that, if they by that act caused death, they would be guilty of culpable homicide not amounting to murder. Hence, the accused persons are alleged to have committed the offences punishable under Sections 341 , 308 read with Section 34 IPC .
3. On the basis of Ext. PW8/A FIS of PW3, given on 05.04.2012, Crime no. 127/2012, Jagat Puri Police Station, that is, Ext. A-1 FIR was registered by the
A conviction based solely on unreliable witness testimonies, which failed to support the allegations, cannot be sustained in law.
The court held that intent and knowledge are crucial in determining culpability under Section 308 IPC, and insufficient evidence of intent or aggravating circumstances necessitates acquittal under th....
Section 216 Cr.P.C. says that Court may alter or add to any charge at any time before judgment is pronounced.
Jurisdiction of Assistant Sessions Judge to try offences under Section 307 IPC upheld; testimony of injured witnesses sufficient for conviction.
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
The court emphasized that when reasonable doubt exists regarding a prosecution's case, it must favor the accused, leading to acquittal.
Point of Law : Voluntary Causing hurt and Wrongfully restrained - Conviction Set aside - When considering ingredients to find commission of offence under Section 341 of IPC, wrongful confinement as d....
Absence of common intention to kill limits murder convictions under S.302 IPC, shifting liability to lesser charges under S.325 IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
