Appeal against conviction for attempt to murder. Court found version of victim unreliable against medical evidence as injuries did not support repeated blow. Conviction under Section 307 IPC set aside; substituted with conviction under Section 324 IPC with sentence for 23 months.
判决变更，上诉人因324条定罪，服刑23个月（已执行刑期）；从保释责任中释放。
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Criminal Appeal (S.J.) No. 256 of 2006
Against the judgment of conviction dated 30.11.2005 and order of sentence dated 03.12.2005 passed by Additional Sessions Judge, East Singhbhum at Ghatsila in Sessions Trial No.271 of 1995.
Laltu Shit … … Appellant Versus The State of Jharkhand … … Respondent --- For the Appellant : Mr. A.K. Sahani, Adv. Mr. Pankaj Verma, Adv. For the Respondent : Mrs. Priya Shreshtha, A.P.P.
PRESENT
HON’BLE MR. JUSTICE RAJESH KUMAR
Heard Mr. A.K. Sahani and Mr. Pankaj Verma, learned counsel appearing for the appellant and Mrs. Priya Shreshtha, learned A.P.P. appearing for the State.
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hospital and then he was shifted to MGM Hospital where he remained admitted for about one and half month. He was referred to RIIMS, Ranchi from where he was finally discharged.
The issues for consideration before this Court:-
(i) Whether alleged offence under sections 307 and 324 has been committed or not?
(ii) Whether sufficient evidence has been brought on record connecting the appellant with the crime?
(i) One stitched injury on the head may be caused by hard and blunt substance as per P.W.3.
(ii) Fracture on the left collar bone may be caused by hard and blunt substance.
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under section 307 as there is no repeated blow, and nature of injury also does not point out the intention to kill the victim by this appellant.
(Rajesh Kumar, J)
Jharkhand High Court at Ranchi The 08th of November, 2019 Amar/NAFR/
3 issues framed by the court
Whether the evidence suffices to prove an offence under sections 307 and 324 of the IPC?
Whether the injury report supports the allegation of intention to kill under section 307 IPC?
Whether the appellant should be convicted and sentenced given the period of delay in trial?
2 provisions across 1 enactments
Laltu Shit
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
