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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ANISH KUMAR GUPTA
Pargan Singh – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. factual background of the incident. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. arguments on witness credibility and delay in testimony. (Para 17 , 18 , 19) |
| 3. argument on the application of section 307 ipc. (Para 20 , 21 , 22 , 23 , 24) |
| 4. court's observations on intent and injuries. (Para 27 , 31 , 34 , 39 , 45) |
| 5. conclusion and order of the court. (Para 46 , 52 , 54 , 55) |
JUDGMENT :
ANISH KUMAR GUPTA, J.
1. Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri Prakhar Saran Srivastava, learned counsel appearing on behalf of appellant nos. 1 & 4, Sri K.P.S. Yadav, learned counsel appearing on behalf of appellant nos. 5, 6 & 9, Sri Vijay Shantam, Amicus Curiae and Sri Satendra Nath Tiwari, learned A.G.A. for the State-Respondent.
2. The instant criminal appeal has been filed by the appellants being aggrieved by the judgement and order dated 16.08.1985 whereby the Appellant No.1, Pargan Singh, Appellant no.2, Ram Murat Singh @ Sheo Murat Singh, Appellant No.3, Doctor Singh, Appellant No.4, Mangala Singh, Appellant No.5, Raj Nath Yadava, Appellant No.6, Sheshnath, Appellant No.7, Naresh, Appellant No.8, Ram Briksh, Appellant No.9, Param Hans, Appellant No.
The conviction under Section 307 IPC requires proof of intent to cause death, not necessarily severe injuries; intent can be inferred from circumstances and actions during the incident.
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....
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 main legal point established in the judgment is that the intention of the accused in a criminal act may be deduced from circumstances and the nature of injuries caused, and it is not essential th....
The court clarified that for a conviction under Section 307 IPC, the prosecution must prove the accused's intention to kill, which was not established in this case.
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....
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
Conviction affirmed – Offence of Murder - Prosecution evidence is trustworthy and prosecution has brought home the guilt of all the appellants by cogent, credible and trustworthy evidence.
The reliability of the injured eye-witnesses' testimony and its corroboration by medical evidence are crucial in establishing guilt beyond reasonable doubt.
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