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ANANDA SEN, SUBHASH CHAND
Meghnath Munda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Ananda Sen, J.)
This criminal appeal is directed against the Judgment of conviction dated 29.01.2015 and order of sentence dated 30.01.2015 passed by the learned Judicial Commissioner-XI, Ranchi in S.T. Case No. 983 of 2012, whereby and whereunder, the appellants having been found guilty of charges under Section(s) 323, 324, 341, 307/34 of Indian Penal Code, have been sentenced to undergo rigorous imprisonment for ten years and fine of Rs.5,000/- each convicts under Sections 307/34 IPC and other sentences for the other offences.
2. The learned counsel for the appellants submitted that the Trial Court has passed the impugned judgment without appreciating the evidences available on record and has convicted the appellants on the basis of conjecture and surmises. He further submitted that the Trial Court failed to appreciate that all the injuries were found to be simple in nature and there is no allegation of repetition of blow by any of the appellants as well as none of the injuries are sufficient to cause death in their ordinary course, thus no offence under Section 307 IPC is made out against the appellants. He also argues that the intention to commit murder has not been
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.
Culpable homicide may be reduced to a lesser charge of culpable homicide not amounting to murder if committed in the heat of passion during a sudden quarrel without premeditation, as per Exception 4 ....
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
The court upheld the conviction under Section 307 IPC, establishing that the appellants had the intention to commit murder based on the evidence of eye witnesses and the nature of the assault.
Conviction requires reliable evidence and knowledge of victim's medical condition; lacking such knowledge limits liability to lesser offenses.
The main legal point established in the judgment is that the intention of the accused in a criminal act may be deduced from circumstances and the nature of injuries caused, and it is not essential th....
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....
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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