Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 779

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRAKASH CHANDRA GUPTA, J.
Shankarsingh - Appellant
Versus
The State Of M.P. - Respondent
Criminal Appeal No. 1437 of 1999, Criminal Appeal No. 1473 of 1999, Criminal Appeal No. 1539 of 1999
Decided on : 06-11-2024

Advocates:
Advocate Appeared:
For the Appellant :Shri Aman Mourya - Advocate
For the Respondent: Shri Hemant Sharma

The conviction for attempt to murder was altered to causing hurt due to insufficient evidence proving grievous injuries or intent to kill.

Headnote:(A) Indian Penal Code, 1860 - Sections 307 and 324 - Criminal Appeal - Appellants convicted for attempt to murder and later for causing hurt by dangerous weapons - The trial court sentenced the appellants for using knife and Gupti against the injured - No clear evidence of grievous nature of injuries, thus conviction altered - Appellants' sentences reduced to time already served. (Paras 25-28)

(B) Legal burden of proof - The prosecution must prove its case beyond reasonable doubt, particularly regarding the intention to cause death. (Para 10)

Facts of the case:
The appellants were convicted for attacking the injured due to a monetary dispute, using weapons that caused multiple injuries. No corroborative evidence from several witnesses affected reliability of testimonies. (Paras 2-6)

Findings of Court:
The conviction was altered from Sections 307 to 324 based on the insufficiency of evidence regarding the nature of injuries, leading to the conclusion that the injuries were not grievous. (Paras 25-28)

Issues: The central question was whether the accused inflicted injuries with the intent to cause death or merely caused hurt. (Para 10)

Ratio Decidendi: The court concluded that the prosecution failed to prove the intent to kill due to unreliable testimonies regarding the nature of injuries, thus reducing the conviction level to causing hurt (Section 324). (Paras 25-26)

Result: The appeals were partly allowed, convictions altered, and sentences reduced.

Table of Content
1. factual background of the case (Para 1 , 2 , 3)
2. arguments presented by the parties (Para 5 , 7 , 8)
3. court's analysis and observations on evidence (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. court's reasoning in determining liability (Para 24 , 25)
5. final orders and conclusion of the court (Para 26 , 27 , 28 , 29 , 30)

JUDGMENT :

PRAKASH CHANDRA GUPTA, J.

All the appeals arise out of the common judgment dated 22.10.1999 passed by the Additional Sessions Judge and Special Judge, Indore, in S.T. No.458/1995, by which the appellants/accused persons Kailash and Prakash have been convicted u/s 307 of IPC and were sentenced to 7 years of R.I. with fine of Rs.2,000/- each. Appellant Shankar Singh has been convicted u/s 307 r/w 34 of IPC and sentenced to 5 years of R.I. and fine of Rs.1,000/-, with default stipulation.

2. Facts of the prosecution case in brief are that there was some monetary dispute between injured Ajay (PW-1) and accused persons Prakash and due to the same, on 08.06.1995, at around 11:30 PM, when the accused persons Kailash, Prakash and Shankar Singh came to the house of the injured, they took him out for a walk. When they reached at the spot, the accused Shankar caught hold both the hands of the injured. Accused persons Kailash and Prakash assaulted the injured by means of Gupti and knife with intent to kill him. The injured sustained several injuries on his body parts. He raised alarm for his rescue. Then, Chotu (PW-8) and Sajay (PW-9) came at the spot. Thereafter, the accused persons fled away from the place of incident. After the incident, the injured returned home. He narrated the incident to his mother Jaishree (PW-4) and brother Sanjay (PW-6). The injured was taken to Police Station and FIR (Ex. P-1) was recorded by A.S.I. V. P. Vidrohi (PW-12), at the instance of Sanjay (PW-6). Dr. K. K. Verma (PW-15) examined injured Ajay and had given MLC report (Ex. P-17).

3. During investigation, SHO D. S. Tambe (PW-14) inspected the place of incident and prepared spot map (Ex. P-2) at the instance of Sanjay (PW-6). He seized blood stained and plain soil from the spot vide seizure memo (Ex. P-3). On 20.06.1995, he arrested the accused persons Prakash, Kailash and Shankar vide arrest memo (Ex. P-8, 9 and 10). On the same day, he recorded memorandum statement of the accused Kailash and Prakash vide memo (Ex. P-11 and P-13). He seized a knife and a Gupti at the instance of accused persons Kailash and Prakash respectively vide seizure memo (Ex. P-12 and P-14). SHO D.S. Tambe (PW-14) sent the aforesaid knife and Gupti towards Dr. K.K. Verma (PW-15) for examination and opinion vide letter (Ex. P-18). After examination, Dr. K.K. Verma (PW-15) had given opinion that all the injuries sustained by the injured may have been caused by the aforesaid knife and Gupti. The SHO D.S. Tambe (PW-14) also sought an opinion from Dr. K.S. Chaudhary (PW-10) through letter (Ex. P-7) dated 11.07.1995. On the same day, Dr. K.S. Chaudhary (PW-14) had given his opinion that injuries sustained by the injured were grievous in nature and dangerous to life. 4. On 07.07.1995, inspector Vishwanath Singh Senghar (PW-13) seized blood stained and ripped shirt and pant of injured Ajay from father of the injured namely Harishankar (PW-3) vide seizure memo (Ex. P-4). On 22.07.1995, the seized articles were sent to FSL, Indore for chemical examination vide letter (Ex. P-15). FSL report (Ex. P-16) was received from FSL, Indore. Statement of the witnesses were recorded u/S 161 of Cr.P.C. After completion of investigation, charge-sheet has been filed before concerning JMFC. The case was committed for trial before Sessions Judge, Indore and the same was made over to the trial Court.

5. Learned trial Court had framed charges against the accused persons. The accused persons abjured their guilt and claimed to be tried. In turn to prove its case, the prosecution examined 16 witnesses. After completion of prosecution