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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Bukai Murmu, son of late Labo Murm – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. conviction details and background of the case. (Para 1 , 2 , 3) |
| 2. arguments raised by the appellant's counsel. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. counterarguments presented by the state. (Para 10 , 11) |
| 4. appraisal of witness depositions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. court's findings based on testimonies. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. modification of conviction and sentencing. (Para 30 , 31) |
| 7. final judgment and orders. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
JUDGMENT :
NAVNEET KUMAR, J.
This appeal is directed against the Judgment of conviction dated 11.7.2007 and order of Sentence dated 13.07.2007 passed by learned Additional Sessions Judge cum Fast Track Court No.I, Ghatsila in Sessions Trial No.356 of 2004, in connection with Dumeria P.S. Case No.28 of 2003, corresponding to G.R. Case No.538 of 2003, whereby and whereunder the sole appellant has been convicted under sections 324 and 307 of the INDIAN PENAL CODE and under section 27 of the ARMS ACT and also under sections 3/4 of the Prevention of Daain (Witchcraft) Practicing Act, 1999 and has been sentenced to undergo R.I. for seven years and a fine of Rs.
The prosecution must establish intent or knowledge relating to murder for conviction under attempted murder; inconsistencies in evidence can undermine a case.
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The main legal point established in the judgment is that the appellants were convicted under Section 324 IPC and Section 27 of the Arms Act for causing hurt using firearms during an altercation, base....
The court established that conviction under Section 307 IPC requires clear evidence of intent to kill, which was not proven, leading to the conviction being overturned.
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....
(1) Testimony of a witness in a criminal trial cannot be discarded merely because of minor contradictions or omission.(2) Evidentiary value of a medical witness is very crucial to corroborate case of....
The court established that intention and knowledge are critical in determining the applicability of Sections 307 and 326 IPC in cases of grievous hurt and attempted murder.
Attempt to murder – Intention to kill must be apparent from act of accused.
Murder and grievous hurt – Fatal injury inflicted by sword on chest of victim is offence of murder under Section 302 of IPC.
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