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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Shankarlal – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
Heard.
Appellants have preferred this criminal appeal under Section 374 of Cr.P.C., being aggrieved by the judgement dated 09.09.2019, passed by the 1st Additional Sessions Judge, Dr. Ambedkar Nagar, District Indore (M.P.) in S. T. No.301314/2012, whereby the appellants have been convicted for the offences punishable as under :-
2. Prosecution case in nutshell is that on 26.08.2012, at about 3.00 PM, appellants have entered into the house of the complainant/injured Mukesh, abused him in filthy language thereafter, assaulted him by means of sword, as a result of which, he sustained injuries on the right side of frontal parietal bone, vertex, occipital region and right eyebrow. In this case, Dehati Nalsi (Ex.P/4) was recorded by the A.S.I. at Police Station Mhow, District Indore and on the basis of said Dehati Nalsi, FIR bearing Crime No.541/2012 (Ex.P/8) was lodged on 26.08.2012 for the offences u/S 294, 452, 307 and 506/34 of IPC against the appellants.
3. The police party, after following due procedure, arrested the accused persons and registered the case against them. During investigation, medical examination was conducted, spot map was prepared and s
The court clarified that a conviction for attempted murder requires clear evidence of intent, which was lacking, thus warranting a lesser charge.
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 determined that the conviction under Section 307 was unwarranted, affirming instead a conviction under Section 325 for voluntarily causing grievous hurt.
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 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.
Proof of grievous or life-threatening hurt is not essential for the offence punishable u/s 307 of the IPC. The intention of the accused can be ascertained from the actual injury and surrounding circu....
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.
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