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SUBHASH CHAND
Kishun Turi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard learned Amicus Curiae for the appellant and learned A.P.P. for the State.
2. The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction and Order of Sentence dated 24th February, 2011 passed by the learned Additional Sessions Judge-cum-F.T.C., Giridih in Sessions Trial Case No.44 of 2000, whereby, the appellant has been convicted for the offence under Sections 323/34, 341/34, 325/34, 427/34 and 307 of the Indian Penal Code and has been sentenced to undergo simple imprisonment for one year under Section 323/34 of the I.P.C., simple imprisonment for one month under Section 341/34 of the I.P.C., rigorous imprisonment for three years under Section 325/34 of the I.P.C. and rigorous imprisonment for two years under Section 427/34 of the I.P.C. Further he was directed to undergo rigorous imprisonment for 5 years along with fine of Rs.5,000/- for the offence under Section 307 of the I.P.C. and in default of payment of fine he was directed to undergo simple imprisonment for three months. All the sentences were directed to run concurrently.
3. The prosecution case in brief is that informant Jitan Rajak gave the written informa
The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
Advocates appeared :For the Appellant : Vikas Saxena For the Respondent : A. K. Nirankari
Conviction upheld under Section 304 Part-II IPC based on credible eyewitness testimony despite minor contradictions; intention to murder not established.
The court upheld the conviction under Section 304 Part-II IPC, affirming that related witnesses' testimonies are credible and sufficient for establishing direct involvement in the crime.
The testimony of an injured witness is highly reliable, and common intention among co-accused can be inferred from their conduct during the commission of the crime.
The testimony of injured witnesses holds significant weight in establishing guilt, especially when corroborated by medical evidence, reinforcing principles of common intention in joint criminal acts.
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