Back
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Ashok Yadav, S/o. Ram Chandra Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
The instant criminal appeal is directed against the conviction of the sole appellant under Section 307 of the Indian Penal Code vide judgment of conviction dated 22.06.2015 and order of sentence dated 29.06.2015, whereby the sole accused has been sentenced to undergo R.I. for ten years with a fine of Rs.5,000/- for the offence punishable under Section 307 of IPC and in case of default in payment of fine he has to undergo S.I. for six months.
2. Learned counsel for the appellant submitted that there is no material to convict the appellant under Section 307 of the Indian Penal Code. All the witnesses are interested witness and related to the injured. The independent witness, Jagdeo Yadav has not supported the prosecution case and has been declared hostile. Surprisingly the incident occurred near the house of one Banarsi Paswan, but he has not been made a witness. He would have been the best witness to depose about the correct fact, but withholding him has given a death blow to the prosecution case. He further argues that as per the prosecution the stab wound was inflicted with sharp cutting weapon i.e. knife (chhura), but the same was not recovered from the pos
The court affirmed the conviction under Section 307 IPC, establishing intent to cause grievous harm based on corroborated eyewitness and medical evidence.
The court upheld the conviction for attempted murder but granted probation instead of imprisonment, emphasizing rehabilitation over punishment due to the appellant's age and reformation.
The court affirmed the conviction for attempt to murder but granted probation instead of imprisonment due to the appellant's age and subsequent conduct, emphasizing rehabilitation over punishment.
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 for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
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 under Section 307 IPC affirmed based on corroborated eyewitness testimony and evidence suggesting intent to kill, regardless of fatal injury. The appeal was dismissed.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
