STATE OF MADHYA PRADESH versus HARJEET SINGH & ANR.

STATE OF MADHYA PRADESH versus HARJEET SINGH & ANR.

Respondent no.1 inflicted multiple stab wounds with a dangerous weapon near vital organs. Medical and ocular evidence confirm the prosecution's case. The High Court's finding that injuries were on 'unimportant parts' is erroneous; intention to cause death is made out under s.307 IPC. Sentence of 5 years R.I. and Rs. 1000 restored. For respondent no.2, lack of consistent prosecution testimony justifies acquittal.

Parties
Appellant: State of Madhya Pradesh; Respondent No.1: Harjeet Singh; Respondent No.2: Ramji Lal
Jurisdiction
India
Judgment Date
19 February 2019
Procedural Posture
Criminal Appeal / Decision on Appeal Against High Court Judgment
Outcome
Appeal partially allowed
Legal Topics
Attempt to Murder, Common Intention, Evidentiary Corroboration, Sentencing
Criminal Law Attempt to Murder Common Intention Evidentiary Corroboration Sentencing

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Parties

State of Madhya Pradesh

Appellant

Harjeet Singh

Respondent No.1

Ramji Lal

Respondent No.2

Procedural Posture

Criminal Appeal / Decision on Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the High Court erred in reducing conviction from s.307 IPC to s.324 IPC for respondent no.1
  2. 2 Whether acquittal of respondent no.2 under s.307 r/w s.34 IPC was proper

Ratio Decidendi

Respondent no.1 inflicted multiple stab wounds with a dangerous weapon near vital organs. Medical and ocular evidence confirm the prosecution's case. The High Court's finding that injuries were on 'unimportant parts' is erroneous; intention to cause death is made out under s.307 IPC. Sentence of 5 years R.I. and Rs. 1000 restored. For respondent no.2, lack of consistent prosecution testimony justifies acquittal.

Court Disposition

Appeal partially allowed

Orders

  • High Court judgment regarding respondent no.1 set aside; Sessions Court conviction and sentence restored
  • Respondent no.1 to surrender and undergo remainder of 5 year sentence