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NAVNEET KUMAR
Agatha Surin – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
NAVNEET KUMAR, J.
1. This appeal is preferred against the Judgment of Conviction dated 28.10.2003 and order of sentence 29.10.2003 passed by learned Additional Sessions judge, FTC, Latehar, in Sessions Case No. 373 of 1994, whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for five years under Sections 307/120-B of IPC and rigorous imprisonment for five years under Sections 3/5 of Explosive Substance Act.
2. The allegations against the appellant arose in the wake of the fardbeyan of Asha Joseph, recorded by Chandwa police in the District of Latehar (Jharkhand), stated that on 02.04.1993 at about 10.30 AM, she was returning from school to her home then at about 200 yards west from road near the house of one Keshwar Sao, two unknown persons aged about 20 to 25 years wearing full pants and shirts restrained her by standing before her and at that time one Chandra Kanti Devi, maid servant of the school was also accompanying the informant. It is further alleged that out of two unknown persons who tried to restrain her, the one wearing red shirt attempted to shot her by country made pistol, which did not fire and in that course, some s
The judgment emphasizes the importance of corroborative evidence and the need for caution in evaluating the testimony of an inimical witness. It also highlights the impact of non-examination of the I....
The court established that conviction under Section 307 IPC requires clear evidence of intent to kill, which was not proven, leading to the conviction being overturned.
Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.
Conviction under Section 307 IPC requires clear proof of intent to kill; mere injuries or hostile testimony without corroborating evidence are insufficient for conviction.
The main legal point established in the judgment is that the testimony of witnesses, even if related to the deceased, should not be automatically discarded, and minor discrepancies in the evidence sh....
Related witnesses' evidence can be relied upon if consistent and true, and the previous enmity can also be the motive behind the occurrence.
The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, leading to acquittal.
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