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PRAKASH CHANDRA GUPTA
Gyanisingh Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Prakash Chandra Gupta, J.
The appellant/accused has filed this appeal under section 374 of Criminal Procedure Code being aggrieved by judgment of conviction and order of sentence dated 27-2-2023 passed by 4th ASJ Shujalpur, Distt.-Shajapur in S.T. No. 148/2020, whereby the learned trial Court has convicted the appellant for the offence punishable under section 326 of Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for 5 years and fine of Rs. 5,000/-, with default stipulation.
2. Prosecution story, in brief is that on 24-9-2019, at 03:00 PM, complainant Kamla Bai (PW-2) along with her son Sonu (PW-6) was going to her agricultural land. When they reached at the agricultural land of Laad Singh Keer, the present appellant Gyan Singh Gurjar carrying Lathi bearing iron ring and co-accused Laad Singh carrying Pharsi came there and started abusing them due to old animosity. The accused persons assaulted Sonu (PW-6) by their respective weapon on his head and other parts of body with intent to kill him. The injured sustained grievous injury. Hearing cries of Kamla Bai (PW-2) and Sonu (PW-6) from the neighboring farmland, Kanta Bai (PW-3) and Sharda @ Shanta Bai (
The testimony of injured witnesses is accorded special status and should be considered reliable unless substantial contradictions arise.
Criminal Law - Common Intention - Liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act....
The conviction for attempt to murder was altered to causing hurt due to insufficient evidence proving grievous injuries or intent to kill.
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.
The prosecution must prove charges beyond reasonable doubt; if reasonable doubt exists, the accused is entitled to acquittal.
The prosecution must prove charges beyond reasonable doubt, and the accused are entitled to the benefit of reasonable doubt; the court found the injured witnesses' evidence credible.
In criminal cases, lack of medical evidence and reasonable doubt necessitate acquittal on serious charges, while lesser charges may still stand.
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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