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HIGH COURT OF JHARKHAND
MR. JUSTICE PRADEEP KUMAR SRIVASTAVA, J
Chandrika Bhuiya, Son Of Late Agnu Bhuiya – Appellant
Versus
State Of Jharkhand – Respondent
| Table of Content |
|---|
| 1. incident leading to conviction (Para 3 , 4) |
| 2. defense arguments against conviction (Para 5 , 6 , 7 , 11 , 12 , 13 , 14 , 15) |
| 3. prosecution's defense of conviction (Para 8) |
| 4. witness testimonies and evidence (Para 9 , 10) |
| 5. nature of injuries discussed (Para 16) |
| 6. lack of intention for attempted murder (Para 17 , 18) |
| 7. modification of conviction and sentence (Para 19 , 20 , 21 , 22) |
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Present criminal appeal is directed against the judgment of conviction and order of sentence dated 26.09.2006 passed by learned VIth Additional Sessions Judge, (F.T.C.), Dhanbad in Sessions Trial No. 148 of 1994 / 241 of 2003, whereby and whereunder, the appellant has been held guilty and convicted for the offence under Section 307 of the I.P.C. and sentenced to undergo R.I. of five years along with fine of Rs. 200/- with default stipulation.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal is that on 02.10.1992 at about 8:00 P.M., the present appellant came to the house of the informant under drunken state in search of his wife and brother, who have taken shelter at the house of informant due
The court modified the conviction from attempted murder to causing hurt, finding insufficient evidence of intent to kill under Section 307.
Conviction under Section 307 of the IPC requires clear intent; mere mutual combat without intent negates attempted murder charges.
The court ruled that lack of intent to kill, evidenced by the nature of injuries, invalidated the conviction under Section 307, while maintaining convictions under Sections 323 and 324 with reduced s....
The court ruled that a lack of intent to kill leads to the conversion of conviction from Section 307 IPC to Section 325 IPC, allowing for compounding.
To establish a conviction for attempted murder under Section 307 IPC, there must be intention or knowledge, which is absent if injuries are not dangerous to life.
Conviction for attempted murder under the IPC was inappropriate given the lack of intent, and the appellants were entitled to probation benefits due to the case's circumstances.
Point of law : Conviction under section 307 set aside - Simple injuries - No injury was dangerous to life.
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