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NARENDRA KUMAR JOHARI
Bhawani Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This Criminal Appeal under Section 374 (2) Cr.P.C. has been filed by the appellants Bhawani Singh, Raksha Pal Singh, Ram Bahadur Singh and Sukhnandan Singh against the judgment and order dated 26.02.2002, passed by learned Additional Session Judge/1st F.T.C., Gonda in Session Trial No.642 of 1987 (State Vs. Bhawani Singh and others). By the impugned judgment and order, the learned trial court has convicted the appellant Sukhnandan Singh for the offence under Section 307 IPC and appellants Rakshpal Singh, Bhawani Singh and Ram Bahadur Singh for the offence under Section 307/34 IPC and have been sentenced to undergo Seven Years' Rigorous Imprisonment with a fine of Rs.2,000/- each. In case of default of payment of fine, they had to further undergo one month's additional Rigorous Imprisonment.
2. At the very outset, it is worthwhile to mention here that during pendency of the appeal, appellant No.4-Sukhnandan Singh died on 29.03.2007, therefore, the appeal was abated on his behalf vide order dated 24.08.2021.
3. In brief, the case of the prosecution is that on 06.03.1987, the informant gave a written application (Ext. Ka-1) at Police Station Tarabganj, District Gonda to the
The main legal point established in this judgment is that the prosecution must prove the intention to cause death in order to convict the accused under Section 307 IPC. If the intention to cause deat....
(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 reliability of eyewitness testimony, the distinction between minor discrepancies and contradictions in witness testimony, and the need for careful assessment of witness credibility were central t....
An injured witness's testimony, which is significant in establishing guilt, can confirm the prosecution's case, and delays in lodging FIR can be validly explained without undermining the case.
Point of law : Conviction under section 307 set aside - Simple injuries - No injury was dangerous to life.
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 court modified the conviction from attempted murder to a lesser charge due to insufficient evidence of intent and lack of specific identification of the appellants as shooters.
Attempt to murder – Intention to kill must be apparent from act of accused.
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