Back
RATNAKER BHENGRA, NAVNEET KUMAR
Ashikul Sk. , S/o. Jami Sk. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
These appeals have been filed by the appellants of both these appeals above named against the Judgment of Conviction dated 18.12.2015 and order of sentence dated 21.12.2015 passed in S.T. No. 56 of 2013, arising out of Pakur (Muffassil) P.S. Case No.160 of 2012, corresponding to G.R. Case No.464 of 2012 by learned Additional Sessions Judge-I, Pakur, by which the appellants have been convicted under Sections 341, 323, 324/34, 307/34 of Indian Penal Code and sentenced to undergo imprisonment for one month under Section 341 of IPC, imprisonment for 01 year under Section 323 of IPC, imprisonment for 03 years under Section 324 of IPC and imprisonment for 10 years and fine of Rs.5,000/- under Section 307 of Indian Penal Code and in default of payment of fine, they have been further directed to undergo for one month imprisonment and it was further directed that all the sentences shall run concurrently.
2. The prosecution case is based on the written report of informant namely, Samaul Sk., in which it has been alleged that the accused persons were taking coal from the coal vendor on the road. In the meantime, Sabdul Sk., the brother of the informant protested that the coal vendor
The court ruled that insufficient evidence of grievous injury precludes conviction under Section 307 IPC, while lesser charges were upheld.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
In absence of examination of I.O, case of prosecution becomes weak.
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
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.
Point of law : Conviction under section 307 set aside - Simple injuries - No injury was dangerous to life.
The court affirmed the conviction of two appellants for attempt to murder, emphasizing the necessity of proving intent beyond reasonable doubt; others acquitted due to insufficient evidence.
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
