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N. S. SHEKHAWAT
Sahab Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of appeal details. (Para 1 , 2) |
| 2. facts of the case and injuries sustained. (Para 3 , 4) |
| 3. witness testimonies and medical evidence. (Para 5 , 6 , 7) |
| 4. arguments on compromise and appeal. (Para 10 , 11) |
| 5. legal definition and proof of section 307 ipc. (Para 12 , 13 , 14) |
| 6. analysis of intention behind actions. (Para 15 , 16 , 18) |
| 7. conclusion and order by the court. (Para 19 , 22 , 23) |
| 8. judicial precedent on non-compoundable offences. (Para 20 , 21) |
JUDGMENT
Mr. N.S.Shekhawat, J.
The present appeal is directed against the judgment of conviction dated 01.12.2004 and order of sentence dated 06.12.2004, passed by the Court of Additional Sessions Judge (Adhoc), Fast Track Court, Kurukshetra, whereby the appellants have been convicted for the commission of the offences punishable under Sections 307 , 323, 506 read with Section 34 of IPC and were sentenced as under:-
Under Section 307 read with Section 34 of the INDIAN PENAL CODE
Rigorous imprisonment for three years and to pay a fine of Rs.3000,/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for three months.
Under Section 506 read with Section 34 of the INDIAN PENAL
The court can exercise its inherent powers to compound non-compoundable offences based on settlement and marriage between the parties, considering the peaceful nature of the dispute and the principle....
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
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