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G. S. AHLUWALIA
TILLU @ MANISH S/o JAGDISH VERMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT : – This case was listed for consideration of I. A. No. 11401/2022, an application for suspension of sentence on the ground of delay in hearing of appeal. On 2-8-2022, the Counsel for the appellant took adjournment for arguing the appeal finally and accordingly, today, the appeal was heard finally.
2. This Criminal Appeal has been filed under section 374 of Criminal Procedure Code, against the judgment and sentence dated 24-3-2021 passed by 4th Additional Sessions Judge, Gwalior in S.T. No. 418 of 2016, by which the appellant has been convicted under sections 307 and 341 of INDIAN PENAL CODE and for offence under section 307 of INDIAN PENAL CODE , he has been sentenced to undergo rigorous imprisonment of 5 years and a fine of Rs. 1000/- with default rigorous imprisonment of 6 months and for offence under section 341 of INDIAN PENAL CODE , no jail sentence has been awarded and a fine of Rs. 100/- has been imposed with default simple imprisonment for 15 days.
3. The prosecution story in short is that on 10-9-2016, the complainant Sanjay Tiwari lodged a Dehati Nalishi in Sahara Hospital that his motorcycle was stopped by two miscreants near Mansha Devi, near the gate of F
Advocates appeared :For the Appellant : Vikas Saxena For the Respondent : A. K. Nirankari
The main legal point established in the judgment is the reliance on ocular and medical evidence, as well as the presence of common intention, to determine the guilt of the accused.
The appellate court upheld the conviction under Section 326 IPC for grievous injury, affirming the credibility of the victim's testimony and its alignment with medical evidence.
Direct eyewitness testimony, if credible, suffices for conviction regardless of motive, as established in this case involving murder under Section 302 of the IPC.
The main legal point established in the judgment is that the appellant's assault with a deadly weapon, causing grievous injuries to the victim, demonstrated the intention and knowledge to commit murd....
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....
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