Conviction for attempt to murder is upheld where medical evidence and witness testimony establish the use of a deadly weapon causing severe injury, but the sentence may be reduced to the period already undergone based on the time elapsed and the appellant's conduct on bail.

Judgment on Board

Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dated 21.8.2015 passed by the First Additional Sessions Judge, Sakti, Distt. Janjgir-Champa in ST No.175/2013 whereby the appellants Jeevanlal Kashyap and Varun Kashyap stand convicted and sentenced as under:

All the sentences were directed to run concurrently.

02. The prosecution's case, in brief, is that the complainant and the accused are related to each other as brothers and nephews. On June 11, 2013, at 6:30 AM in village Kaitha, Police Station-Hasoud, the accused were plowing and sowing paddy in the field adjacent to the complainant's house. When the complainant, Krishna Kumar alias Sonu and Ashwani, objected to this, the accused verbally abused them with obscene language involving their mother and sister and threatened to kill them. During this encounter, Shubham grabbed Ashwani Kumar by the waist, and the accused, Jeevanlal, with the intent to kill, attacked Ashwani Kumar with an axe (Tangiya). Ashwani tried to block the blow with his right hand, resulting in his right wrist being severed from his body. At the same time, the accused, Varun, assaulted the complainant, Krishna Kumar alias Sonu, with a stick, causing him injuries. Upon the complainant’s cries for help, Charoram Kashyap, Tikeshwar Kashyap, and Saheblal arrived and intervened. Subsequently, based on the information provided by Krishna Kumar at the Hasoud Police Station, the First Information Report (Ex. P-2) was registered and the investigation commenced.

03. During the investigation, the police seized blood-stained soil and plain soil from the crime scene and prepared the seizure memo (Ex. P-1). The medical examination reports of the injured were obtained. The memorandum statements of accused Jeevanlal and Varun were recorded as Ex. P-6 and Ex. P-7, respectively. An iron axe (Tangiya) was seized from Jeevanlal, and a bamboo stick was seized from Varun, for which seizure memos Ex. P-8 and Ex. P-9 were prepared. Ashwani Kumar’s blood-stained lungi was seized vide memo Ex. P-3. A panchnama (inquest report) of Ashwani Kumar’s severed hand was prepared as Ex. P-4. Query reports for the seized items were obtained as Ex. P-21, Ex. P-22, and Ex. P-23. Statements of witnesses were recorded, spot maps were prepared and seized articles were sent to FSL for chemical examination. After completion of usual investigation, charge sheet was filed against the accused/appellants before the concerned jurisdictional Magistrate u/s 294, 506B, 323, 307, 34 of IPC followed by framing of charges accordingly by learned trial Court, which were abjured by the accused persons and they prayed for trial.

04. In order to substantiate its case the prosecution examined 14 witnesses in all. Statements of the accused were recorded under Section 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examine