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SURESH KUMAR GUPTA
Afjaal Husain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Suresh Kumar Gupta, J.
This criminal appeal has been filed under Section 374 (2) Cr.P.C. against the judgment and order dated 23.1.2002 passed by Additional District & Sessions Judge/F.T.C.-I, Lucknow in Sessions Trial No. 746 of 2001 arising out of Case Crime No. 4 of 2001 relating to Police Station- Chinhat, District- Lucknow, convicting and sentencing the appellant for the offence under Section- 307 I.P.C. for four years rigorous imprisonment with fine of Rs. 1,000/and in default of payment of fine six months additional simple imprisonment; and under Section- 452 I.P.C. for one year rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine six months additional simple imprisonment.
2. The prosecution, in brief, is that the complainant Mohd. Shakil is the resident of Kanchanpur Matiyari, Chinhat, Lucknow, the accused Afjaal Husain is the resident of Amarsanda, Barabanki and Smt. Nazni Khatun who was the erstwhile wife of the accused Afjaal got divorce from the accused Afjaal Husain. Afterwards the complainant got married with Smt. Nazni and at the time of incident she resided with the complainant and her daughter Sabina. Due to this enmity on 3.1.2001
The central legal point established in the judgment is the requirement to prove mens rea for the offence under Section 307 IPC and the interpretation of the nature of the injury in determining the ap....
Point of law: It is evident that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 I.P.C. The intention of the accused can be ascertained from the act....
Proof of grievous or life-threatening hurt is not essential for the offence punishable u/s 307 of the IPC. The intention of the accused can be ascertained from the actual injury and surrounding circu....
To sustain a conviction under Section 307 IPC, the prosecution must prove intent or knowledge to endanger life, which was not established in this case, resulting in an altered conviction to Section 3....
The court clarified that for a conviction under section 307 IPC, there must be clear evidence of intent to kill, which was not established in this case.
The central legal point established is the reliance on consistent and credible testimony, medical opinion, and socio-economic factors in determining the guilt and sentencing of the appellants.
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