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NAVNEET KUMAR
Ajit Kumar Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This appeal is directed against the judgment of conviction dated 23.07.2005 and order of sentence dated 26.07.2005 passed by learned Additional Judicial Commissioner 1st, Khunti, Ranchi in Sessions Trial No. 194 of 2002 in connection with Bundu P.S. Case No. 68 of 2001, corresponding to G.R. No. 500 of 2001, Khunti, Ranchi, Jharkhand, whereby and where under the sole appellant has been found guilty u/s 307 and 456 of IPC and under section 3 of the Prevention of Witch (Daain) Practices Act, 1999 and accordingly the appellant was sentenced to undergo RI for five years u/s 307 of IPC, RI for three years u/s 456 of IPC and three months for the offence punishable u/s 3 of the Prevention of Witch (Daain) Practices Act (hereinafter referred as the Act, 1999), however it was ordered that all the sentences would run concurrently.
2. Briefly stated the allegations as set out in written report dated 05.10.2001 addressed to the officer In-charge Bundu Police Station, Ranchi by the informant Mandodari Devi - P.W. 5 was as under:-
On 04.10.2001 at 7 p.m. she was cooking meal inside her house, at the same time accused Ajit Kumar Mahto entered inside the house having malice intention
The prosecution must establish intent or knowledge relating to murder for conviction under attempted murder; inconsistencies in evidence can undermine a case.
The prosecution must prove guilt beyond a reasonable doubt; significant discrepancies in evidence warranted the appellant's acquittal.
The prosecution must prove its case beyond reasonable doubt, and the benefit of doubt goes in favor of the accused when the evidence is inconsistent and unreliable.
In order to determine whether an offence under section 307 IPC is made out, crucial fact to be considered is intention and knowledge of appellant with which injuries were inflicted and not gravity of....
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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