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NAVNEET KUMAR
Diwakar Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This appeal is directed against the Judgment of Conviction and order of sentence dated 22.02.2005, passed by the learned Additional Judicial Commissioner, Ranchi, in S.T. No.385 (A) /1985, arising out of Bundu P.S. Case No.07 of 1985, corresponding to G.R Case No.46 of 1985, whereby and where under it appeared that the learned court below ordered that all the appellants were convicted for the offence punishable under Sections 343, 147, 148 & 149 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and they were sentenced to undergo rigorous imprisonment (hereinafter referred to R.I.) for 2 (two) years under Sections 343, 147, 148 & 149 of I.P.C under all the counts collectively and were also ordered to pay a fine of Rs.2,000/- (Rupees Two Thousands only) each and in default of payment of fine, the learned Court further directed them to undergo simple imprisonment (hereinafter referred to as the S.I.) for a period of 3 (three) months and it was further directed that all the sentences would to run concurrently.
2. It is found from the record that the report was called for from the concerned Court with respect to the whereabouts of the appellants, which has
The main legal point established in the judgment is the requirement for the prosecution to substantiate charges and provide corroborating evidence to support the case against the accused.
The court modified the conviction from attempted murder to a lesser charge due to insufficient evidence of intent and lack of specific identification of the appellants as shooters.
The conviction under Section 307 IPC was overturned due to lack of intention to cause death, while convictions under Sections 323, 324, and 341 IPC were upheld.
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.
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