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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY PARIHAR
Manjeet Singh – Appellant
Versus
State of J&K through Police Station Vijaypur, District Samba – Respondent
JUDGMENT :
SANJAY PARIHAR, J.
01. This appeal is directed against the judgment dated 03.10.2011 passed by Principal Sessions Judge, Samba “the trial court” whereby the appellant was convicted for the commission of offence under Section 307 RPC and sentenced to undergo rigorous imprisonment for a period of five years along with fine of Rs. 5,000/-.
02. The prosecution case, in brief, is that on 24.01.1999 at about 6:00–6:30 p.m., the injured PW’s Balwant Singh, Darshana Devi and Naseeb Singh lodged an oral report at Police Post Vijaypur alleging that while they were standing near the gate of their house, the appellant Manjeet Singh along with co-accused Manveer Singh, owing to previous enmity, started hurling abuses at them. It was alleged that when Naseeb Singh attempted to intervene, the appellant went back to his house, brought a 12-bore single-barrel gun, climbed onto the rooftop and fired in their direction with an intention to commit murder, as a result of which pellet injuries were sustained by all three injured persons. On the basis of the said report, FIR No. 20/1999 under Sections 307/34 RPC and 3/25 Arms Act came to be registered. After completion of investigation and recor
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....
(1) ‘Motive’ is distinct from ‘object and means’ which innervates or provokes an action – Unlike ‘intention’, ‘motive’ is not the yardstick of a crime.(2) Illegal use of a licensed or sanctioned weap....
(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of....
Conviction for attempt to murder converted to causing hurt due to lack of intention and evidence; benefit of the First Offender granted as no previous criminal history existed.
The main legal point established in the judgment is that the appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing hurt using firearms during an altercation, base....
The requirement for intent in attempted murder under the IPC is not satisfied when injuries do not indicate a likelihood of death; lesser charges for simple injuries may apply.
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 prosecution must prove possession of arms and intent to kill for convictions under Sections 121 and 307 IPC; failure to do so results in acquittal.
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