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ANIL VERMA
RAJU @ RAJKUMAR S/o NARAYAN GUPTA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
JUDGMENT : – This appeal has been preferred by the appellant under section 374 of the Criminal Procedure Code, 1973 (in short “Cr.P.C.”) against the impugned judgment dated 26-5-1999 passed by the Addl. Sessions Judge, Sonkatch, District Dewas in S.T. No. 57/98, whereby the appellant has been convicted under section 326 of Indian Penal Code (in short “IPC”) and sentenced to undergo 3 years R.I. and fine of Rs. 1,000/- with default stipulation of 6 month’s S. I.
2. Brief facts of the case are that on 11-12-1997 at about 12.45 p.m. when complainant Vinod Solanki (PW-1) was reading banner in front of his shop, at that time from the backside present appellant came there armed with sword and with intention to kill him, he gave a blow of sword over his head, due to which complainant Vinod sustained injuries over his head. Appellant gave second blow of sword to the complainant and in order to save himself, complainant caught hold the sword, due to which he sustained several injuries over his fingers. Thereafter appellant gave two more blows of sword over his hand and back. The incident was witnessed by Prakash, Jaisingh, Ratanlal and Poonamchandra. There was old enmity between complainant
Injured witness testimony accorded special status in law, and supporting evidence from medical reports and investigating officer led to the appellant's conviction.
The need for conclusive evidence to prove the charge under Section 326 IPC and granting the benefit of doubt in the absence of substantiated evidence.
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 testimony of injured witnesses is accorded special status and should be considered reliable unless substantial contradictions arise.
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.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
Conviction under Section 307 IPC altered to Section 326 as knife injuries grievous but not life-threatening; contradictions require Section 145 Evidence Act compliance; strained spousal relations dou....
The prosecution failed to prove the charges of attempted murder and grievous hurt due to lack of evidence regarding intent and the nature of injuries.
The testimony of injured witnesses is highly credible, and direct evidence can establish guilt without needing to prove motive.
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