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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Dharmeshwar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details. (Para 2 , 3) |
| 2. arguments from parties regarding conviction. (Para 4 , 5) |
| 3. consideration of submissions and records. (Para 6) |
| 4. factual background of the incident. (Para 7 , 8) |
| 5. witness testimonies and evidence details. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. court's doubts on intention to kill. (Para 17 , 18 , 19) |
| 7. legal definition and requirements for section 307 ipc. (Para 20 , 21 , 22) |
| 8. conversion of conviction to section 324 ipc. (Para 24 , 25 , 28) |
| 9. final order and conditions for probation. (Para 29 , 30 , 31) |
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Sri Pradeep Kumar Tripathi, learned counsel for the appellants, learned AGA and Sri Dharmendra Kumar, Advocate holding brief of Sri Arun Saxena, learned counsel for the private respondent.
2. The instant Criminal Appeal under Section 374(2) of CRIMINAL PROCEDURE CODE (hereinafter referred as Cr.P.C.) has been filed against the judgment and order dated 12.02.2013 passed in Session Trial No.561/2009; State of U.P. versus Dharmeshwar and others by the Additional District and Session Judge (Ex-cader) Court No.2, Sitapur arising out of Case Crime No.159/2006, under Section 307 of INDI
Conviction for attempt to murder converted to causing hurt due to lack of intention and evidence; benefit of the First Offender granted as no previous criminal history existed.
The central legal point established in the judgment is that the evidence must establish the intent to commit murder for a conviction under section 307 I.P.C., and the nature of the injuries is crucia....
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....
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....
Point of law: In order to attract punishable offence under Section 307 Indian Penal Code, the prosecution is required to prove the intention or knowledge to commit the murder and the actual act of tr....
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....
The main legal point established in the judgment is the assessment of evidence to determine the nature of the offences and the intention of the accused, as well as the consideration of the accused's ....
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