Back
RITU BAHRI, ALOK KUMAR VERMA
Ram Kishore – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
The appellant has come up in the appeal against the judgment 27.09.2024, passed by the learned Sessions Judge, Udham Singh Nagar, whereby appellant has been convicted under section 307 of IPC, and sentenced to life imprisonment and the fine of Rs.20,000/- has been imposed. The appellant has been acquitted of the charges under sections 376/511, 504 and 506 of IPC.
2. The case of the prosecution is that on 07.05.2013, at about 4:30 AM, Rakhi daughter of the complainant went to the toilet on the roof of her house for defecation, whereby the accused Ram Kishore S/o Roop Singh, who was already lying in ambush there, who lives in her neighbourhood, caught hold of her daughter Ms. Rakhi, with evil intentions and tried to forcibly rape her. When his daughter protested, Ram Kishore, with the intentions of killing her, stabbed his daughter several times with the knife, due to which his daughter throat was badly cut. On hearing the noise, his family members and many people from around came, Ram Kishore ran away from the spot. This was seen by the complainant Sri Mahendra Singh, father of Ms. Rakhi, and his wife and elder daughter Mrs. Pinki and her husband S
The court upheld the conviction under Section 307 IPC for attempt to murder, emphasizing the need for proportional sentencing based on the gravity of the offense and the evidence presented.
The court modified the conviction of the accused from attempted murder to causing grievous hurt, emphasizing the need for direct evidence in serious charges.
The main legal point established in the judgment is that the accused's actions constituted criminal trespass, assault, and causing death, and the medical evidence supported the conclusion that the in....
The court upheld the conviction under Section 307 IPC, emphasizing that intent to murder was established by eyewitness accounts and corroborated medical evidence, despite the victim's hostile testimo....
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the evidence can raise doubts about the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
