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RAM MANOHAR NARAYAN MISHRA
Jamshed – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAM MANOHAR NARAYAN MISHRA, J.
1. Heard learned counsel for the revisionists, learned counsel for the private respondent and learned A.G.A. for the State.
2. Instant criminal revision has been preferred against order dated 1.3.2023 passed by learned Additional Sessions Judge, Court No. 4, Baghpat in S.T. No. 344 of 2022 (State vs. Jamshed and Others), arising out of Case Crime No. 759 of 2021, under Sections 147, 148, 149, 452, 323, 506, 354, 354B, 324, 325, 308 IPC, P.S. Badaut, District Baghpat, whereby learned court below has dismissed the discharge application 8B filed by the revisionists.
3. Factual matrix of the case relevant for the purpose of present revision are that informant Irfan lodged an F.I.R. with P.S. concerned on 1.7.2021 at 18:06 hours by filing written report before S.H.O. concerned with averment that on 30.6.2021 at around 10:00 PM he was sitting at his home along with family members, accused persons who harbour enmity with him, prior to the incident and suddenly emerged without any reason armed with sharp edged weapons, clubs and sticks and attacked him with intention to kill. Informant, his son Danish and Amir received serious injuries in the incident.
The intention or knowledge of an accused under Section 308 IPC has to be ascertained only prima facie at the stage of charge, based on the injury caused to the victim.
Accused cannot maintain application under Section 128(1)(a), Cr.P.C. for transferring case from Court of Sessions to a Court of Magistrate on the ground that no offence under Section 308, I.P.C. is m....
Point of law: Criminal Law - Culpable homicide – Framing of charges - act done by the accused with intention or knowledge that under such circumstances death could have been caused or not - Whether ....
Criminal Law – Offence of Attempt to commit culpable Homicide - Revision petition – Whether accused had intention or knowledge that injuries inflicted on the victim would cause death and as a result ....
The court determined that at the discharge stage, only a prima facie case is considered, and sufficient evidence of grievous injury justified framing charges under attempted murder.
Intent or knowledge of the accused is essential for framing charges under Section 308 IPC, irrespective of the injury's severity.
An attempt to commit culpable homicide, even if unsuccessful, falls under Section 308 IPC, justifying trial in the Sessions Court.
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