Intent to kill under Section 307 IPC necessitates specific evidence; absence of concrete proof results in acquittal for grievous intent while confirming lesser charges.

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

This appeal is filed questioning the judgment of acquittal of accused persons for the offence punishable under Section 307 read with Section 34 of IPC and prayed this Court to convict respondent Nos.2 to 4 for the offence punishable under of .

2. The factual matrix of case of the prosecution that accused Nos.1 to 3 on 26.10.2012 at 9:45 p.m., when the informant was dumping the plants in the vacant space abutting to his house, at that time, accused No.1 who is the neighbour spitted on him. When the informant told accused No.1- Gurappa to be cautious while spitting, he abused him in a filthy language. The sons of Gurappa i.e., Accused Nos.2 and 3 were also came to spot and accused No.2 assaulted the informant with bicycle pump on his right side head which caused bleeding injury. The remaining persons assaulted the informant with brick and club, as a result, he had sustained injury to right ribs and back and he has suffered simple injuries. The Gurappa threatened informant telling his sons to kill him. There was a civil dispute between informant and the said persons and the civil suit is pending in the Court at Malur. Due to the said ill- will, accused have assaulted the informant. One Krishnappa and Gangaraja shifted injured to the hospital for treatment and hence, complaint was given in terms of Ex.P.1 and case was registered in Cr.No.256/2012 and FIR is marked as Ex.P.6. The Police having registered the case, investigated the matter and concluded the investigation and filed the charge sheet against the accused persons for the offences punishable under Section 323, 324, 326, 504, 506 and 307 r/w Section 34 of IPC . The Prl. Civil Judge and JMFC, Malur having received the charge sheet taken the cognizance and registered the case in C.C.No.111/2013. The accused persons were secured and committed the matter to the Sessions Court since the offences are triable by the Sessions Court.

3. The Sessions Judge after receipt of the committal records, registered the same as S.C.No.96/2013 and presence of the accused was secured and accused persons did not plead guilty and they claims the trial. In order to prove the case of prosecution, prosecution examined P.W.1 to P.W.12 and got marked the documents at Ex.P.1 to Ex.P.8 and also got marked MO.1 to MO.4. The accused persons were subjected to 313 statement and they have not lead any evidence and denied the incriminating evidence. The Trial Court having considered both oral and documentary evidence available on record, convicted the accused persons for the offence punishable under Section 324 r/w Section 34 of IPC and acquitted the accused for other offences. The Trial Court having convicted the accused persons sentenced to pay a fine of Rs.5,000/- each and in default to undergo simple imprisonment for a period of three months for the offence punishable under r/w Section 34 of . The Trial Court also invoking Section 357(3) of Cr.P.C, ordered that A1 to A3 shall pay the fine amount of Rs.15,000/- to P.W.1 as compensation. It is also made it clear that even if the accused undergoes for the default sentence, they are not absolved of their liability to pay the fine amount in view of the proviso to sub-section (1) of Section 421 of Cr.P.C. The period spent by the accused as under-trial prisoners shall be given set off against the substantive sentence of imprisonment now imposed.

4. Being aggrieved by the acquittal for the offence punishable under Section 307 read with 34 of