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DINESH KUMAR PALIWAL
Shriram @ Tinku – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This Criminal appeal under section 374(2) of Criminal Procedure Code has been filed by the appellant- Shriram @ Tinku against the judgment of conviction and order of sentence dated 30.7.2021 passed by Ist Additional sessions Judge, Waraseoni District Balaghat in Sessions Trial No. 46/2019, whereby appellant has been convicted for the offence punishable under section 307 of IPC and has been sentenced to 07 years R.I. and fine of Rs.2000/-, in payment of default of fine, shall further undergo R.I. for a period of 2 months.
2. The prosecution story, in short, is that on 9.6.2019 at around 5.30 P.M. Ku. Udasa and her brother and sister were sitting outside their home in the courtyard. Her father Gunaram Damahe was coming from bus stand side. In the meanwhile, appellant who resides nearby her house, was standing outside the house. When his father Gunaram Damahe reached near his own house, appellant-accused due to previous enmity of burning old house, brought an axe from his house and assaulted him causing injuries on head, temple, back and waist due to which Gunaram fall on the earth and appellant/accused ran inside his house. Injured Gunaram was taken to the Govt. hospital Khair
The conviction for attempt to murder was upheld based on sufficient evidence, while the sentences were reduced for being excessive.
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....
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....
The judgment establishes that the intention of the accused and the circumstances of the act are pivotal in determining the offense under Section 307 I.P.C., and the nature of the injuries alone is no....
The main legal point established in the judgment is the assessment of evidence to determine the nature of the offences and the intention of the accused, as well as the consideration of the accused's ....
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 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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