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KARUNESH SINGH PAWAR
Sushil Phari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Ram Mohan Mishra, learned counsel for appellant and Sri Alok Tiwari, learned A.G.A. for the State-respondents.
2. This appeal has been filed against the judgment and order dated 03.01.2000 passed by Special/Additional Sessions Judge, Rae Bareli in S.T. No.181 of 1998 and 182 of 1998 arising out of Case Crime No.255 of 1997, Police Station Bachhrawan, District Rae Bareli whereby the appellant has been convicted for offence under Section 307 IPC and sentenced to undergo 7 years rigorous imprisonment along with fine of Rs.2,000/-and in default of making payment of fine, appellant would further undergo 2 years rigorous imprisonment.
3. Prosecution is that on 09.12.1997 at around 05:40 pm in Kasba Bachhrawan, P.S. Bachhrawan, District Rae Bareli, Station House Officer F.S. Jafri who was patrolling along with Constable Triyugi Narain Mishra and Constable Mahesh Singh on Bachhrawan chauraha came to know through a secret informer that appellant-Sushil Phari who is a dreaded robber and has committed several incidents of robbery in Allahabad, Lucknow and Kanpur is present on Bachhrawan bus stop to perform yet another heinous offence along with his companion and if acted
Minor injuries do not negate culpability for attempt to commit murder; intention inferred from actions and circumstances surrounding the act.
The central legal point established in the judgment is the significance of intention or knowledge in determining the nature of the offence under Section 307 I.P.C., and the court's emphasis on the la....
The court emphasized that a single credible witness's testimony is sufficient for conviction, even with investigative lapses, provided it establishes the prosecution's case beyond reasonable doubt.
The conviction for attempted murder under Section 307 IPC was upheld based on eyewitness accounts, while the charge under the Arms Act was dismissed due to insufficient evidence.
The court affirmed conviction for attempted murder while reducing the sentence due to mitigating circumstances, highlighting scrutiny of evidence in violent crime cases and the need for direct corrob....
The intention to cause death and the sufficiency of the acts to cause death in the ordinary course of nature are essential elements of the offense of attempt to murder under Section 307 of the IPC. C....
The main legal point established in the judgment is that the prosecution successfully proved the case under Section 307 I.P.C against the convict appellant beyond reasonable doubt, based on the natur....
The contested evidence and intent are sufficient to establish guilt under Section 307 IPC, notwithstanding deficiencies in investigation.
Attempt to murder – Intention to kill must be apparent from act of accused.
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