Back
ASHOK KUMAR JAIN
Pritvi Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Ashok Kumar Jain, J. - Present appeal is preferred aggrieved from judgment dated 27.01.1995 passed by learned Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 18/1993 whereby accused-appellant has been found guilty for offence under Section 308 IPC and he has been sentenced to rigorous imprisonment for two years with fine of Rs.1,500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.
2. Learned counsel for appellant submitted that during trial, except injured all other eight witnesses had turned hostile and they had not supported the story of prosecution. He further submitted that injured Nathu Ram deposed as PW-2 had not corroborated the involvement of present appellant-accused in cross-examination. He further submitted that from contradictions and infirmities, it is much clear that there was improvement as regard to use of weapon is concerned. He further submitted that in the report registered, it is indicated that the 'knife' was used whereas in the statement, use of 'Gupti' was alleged. He further submitted that it was not proved that the incident as alleged by complainant had really taken place. He further submit
Conviction under Section 307 IPC affirmed based on corroborated eyewitness testimony and evidence suggesting intent to kill, regardless of fatal injury. The appeal was dismissed.
The evidential value of an injured witness and the requirement to prove the accused's intention or knowledge to commit the act are central legal principles established in the judgment.
The central legal point established in the judgment is the requirement to prove mens rea for the offence under Section 307 IPC and the interpretation of the nature of the injury in determining the ap....
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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.
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
