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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH KUMAR
Panchu Yadav @ Pachchu Mahto, son of Late Jawahir Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
RAJESH KUMAR, J.
1. Heard Mr. J. S. Singh, learned counsel for the appellants and Mr. Prabir Kumar Chatterjee, learned Special P.P.
2. The present appeal is directed against the Judgment of conviction and order of sentence dated 11.08.2004, passed by the learned 3rd Additional Sessions Judge, Palamau, in Sessions Trial No.160 of 2000, arising out of Rehla P.S. Case No.47 of 1999 (G.R. No.1024 of 1999), whereby the appellants have been convicted for the offence under Sections 307 / 34 of the Indian Penal Code ( IPC ) and have been directed to undergo rigorous imprisonment for five years along with fine of Rs.1,000/- each with default clause.
3. The criminal law has been put into motion by lodging an F.I.R being Rehla P.S. Case No.47 of 1999 under Sections 341 / 323/ 324/ 447 I.P.C. The F.I.R has been lodged on the fardbeyan of informant namely, Jasa Yadav (P.W.-5).
The brief facts of the case, as stated in the F.I.R., is that on 11.09.1999 at about 08:00 p.m., the accused persons armed with Tangi and Lathi, came at the door of the informant and accused Hori Yadav gave a tangi blow on the informant's head causing bleeding injury and other accused persons gave lathi blows on h
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.
The court modified the conviction from attempted murder to causing hurt, finding insufficient evidence of intent to kill under Section 307.
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.
The prosecution failed to prove the charge under Section 307 IPC due to the nature of injuries being simple, leading to the setting aside of the conviction and acknowledgment of a valid compromise.
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.
The central legal point established in the judgment is that the evidence must establish the intent to commit murder for a conviction under section 307 I.P.C., and the nature of the injuries is crucia....
The absence of intent to kill and the nature of injuries are pivotal in determining culpability under IPC Section 304.
The court found that the evidence did not establish the intent required for serious charges under IPC Sections 307 and 450, modifying convictions to lesser offences based on the nature of injuries su....
The main legal point established in the judgment is the assessment of evidence to determine the nature of the offences and the intention of the accused, as well as the consideration of the accused's ....
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