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ROBIN PHUKAN
Nepali Boruah, S/o. Lekhan Boruah – Appellant
Versus
State Of Assam, Rep. By PP, Assam – Respondent
JUDGMENT :
Heard Mr. H.P. Gupta, assisted by Mr. R. Dhar, learned counsel. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam, representing the State respondent.
2. This appeal is preferred by appellant, namely, Shri Nepali Baruah from District Jail, Dhemaji, challenging the correctness or otherwise of the judgment and order, dated 04.09.2019, passed in Sessions Case No.106(DH)/2015, arising out of Gogamukh P.S. Case No.52/2015, under sections 324/326/307 IPC, by the learned Sessions Judge, Dhemaji. It is to be noted here that vide the impugned judgment and order, the learned Court below has convicted the appellant, under sections 324/326/307 IPC, and sentenced him to suffer rigorous imprisonment (R.I.) for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation, under section 307 IPC and also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation under section 324 IPC, also sentenced him to suffer R.I. for 6 years and also to pay a fine of Rs.1,000/-, with default stipulation under section 326 IPC, and further directed that the substantive sentence shall run concurrently.
3. The background facts, leading to filing
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.
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
Section 134 of Indian Evidence Act : No particular number of witnesses shall in any case be required for proof of any fact.
The essential ingredients for the offence under Section 307 of IPC, including the intention of the accused and the nature of the act, are crucial in determining guilt.
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.
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