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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH, J.
Sumit - Appellant
Versus
The State of Madhya Pradesh - Respondents
Criminal Appeal No. 9935 of 2024
Decided On : 23-12-2024
| Table of Content |
|---|
| 1. criminal appeal initiated. (Para 1) |
| 2. factual background of the case detailing the incident. (Para 2 , 3 , 4) |
| 3. trial court's judgment and conviction noted. (Para 5) |
| 4. arguments for appeal: innocence and severity of sentence. (Para 6 , 7) |
| 5. opposition by the state to the appeal. (Para 8) |
| 6. central question for determination in the appeal. (Para 9) |
| 7. eyewitness testimonies and their corroboration discussed. (Para 10 , 11 , 12) |
| 8. arguments regarding reliability of witness testimonies. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 9. medical evidence supports prosecution's claim. (Para 20) |
| 10. assessment of intent regarding the appellant's actions. (Para 21 , 22 , 23) |
| 11. final assessment of charges and conviction. (Para 25 , 26) |
| 12. sentencing and conviction adjustments detailed. (Para 28 , 29) |
| 13. fine and compensation outlined. (Para 30 , 31) |
| 14. administrative and procedural aspects of the judgment. (Para 32 , 33 , 34 , 35) |
JUDGMENT :
PREM NARAYAN SINGH, J.
This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellants being disgruntled by the judgment dated 13.08.2024, passed by the learned IInd Additional Sessions Judge, District Ratlam, in Sessions Trial No.110/2023, whereby the appellant has been convicted for offence under Sections 307 & 450 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as "IPC") and sentenced for 04 years R.I. & 02 years R.I. with fine of Rs.2,000/- & Rs.1,000/- and default stipulations.
2. The case of the prosecution in brief is as follows that the complainant Hariom Porwal (PW-1) resides in village Berchha and his milk dairy shop is named as "Hariom Doodh Dairy". The appellant Sumit used to come to the complainant's shop to deliver milk, owing to which, complainant knew the appellant. On 06.01.2023, at around 09:30 pm, the complainant (PW-1) was selling milk at his milk shop, when the appellant- Sumit came to his shop, he was in intoxicating condition on motorcyle and he started to abuse him. While doing so, he asked to give milk. When the complainant asked for money after giving him milk, the appellant said that he did not recognize him and after buying milk he did not pay money. Again complainant asked for money, on which, appellant forcibly took milk from the complainant and threatened to kill him without giving money. After sometime, the appellant came into his shop and while abusing the complainant, stabbed him with a knife on his stomach. Due to which, he got injured and bleeding was started. At that time, complainant raised a noise, and people nearby the shop, came there and appellant/Sumit ran away from there on his motorcycle. Doctor Sanjay from his clinic located near the complainant’s shop, had given first aid to the complainant and when brother Rajesh of the complainant came to know about the incident, he reached on his shop and took the complainant to the hospital by auto. Wherein he was admitted and treated. Thereafter, the complainant has made a complaint. Upon the said report, Police Station Industrial Area, District Ratlam lodged an FIR at Crime No.14/2023 for the offence U/s 294, 324, 327, 458 & 506 of IPC.
3. The police after following the due procedure, prepared the spot map, taken the statements of the witnesses, seized the articles, prepared the medical documents, arrested the accused persons and after due investigation, filed the charge-sheet under Sections 458 , 327, 294, 324, 506, 307 & 329 of IPC. The matter was committed to the Court of Sessions and made over to the learned Trial Court where upon the charges are framed under Sections 294 , 458, 327, 329, 307 & 506 (Part-II) of IPC. The appellant abjured his guilt and took a plea that he had been falsely implicated and prayed for trial.
4. The prosecution on its behalf has examined as many as 10 witnesses namely Sumit [sic] Hariom, complainant (PW-1), Rajesh Porwal, brother of the complainant (PW-2), Laxminarayan (PW-3), Gourav Anand Sharma (PW-4), Sanjay Sharma, Doctor (PW-5), Ajay (PW-6), Vikas (P
To establish an offense under Section 307 IPC, proof of intent to kill is required; a single injury does not suffice to conclude such intent, allowing for conviction under Section 326 IPC instead.
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 court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
The court determined that the conviction under Section 307 was unwarranted, affirming instead a conviction under Section 325 for voluntarily causing grievous hurt.
The main legal point established in the judgment is that the court has the authority to analyze the evidence and modify the conviction and sentence based on the facts and circumstances of the case.
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
The intent to commit murder must be proven beyond reasonable doubt, and in this case, it was established that the act fell under grievous hurt.
The main legal point established in the judgment is the interpretation and application of different sections of IPC, specifically Section 307, Section 326, and Section 448, in determining the appella....
Witness testimonies cannot be discarded solely due to their relation to the victim; evidence must be considered on credibility and context, with mitigating factors influencing sentencing.
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