Allahabad HC Upholds 3-Year Sentence For Man Who Held Victim While Co-Accused Shot Him In The Eye

The appellants were convicted by the Sessions Court for an armed attack on Summer: Bachaka was convicted under Section 307 IPC, and Atar Singh alias Atra and Ugri under Section 307 read with Section 34 IPC.

The prosecution alleged that Atar Singh caught hold of Summer while Bachaka shot him, causing a grievous firearm injury and loss of sight in his left eye.

During the appeal, Bachaka and Ugri died, and the appeal continued only as to Atar Singh.

Atar Singh challenged the reliability of the eyewitness evidence and sought acquittal; the Court also considered whether he should receive the benefit of Section 4 of the Probation of Offenders Act, 1958.

The Court considered Section 307 IPC, concerning an attempt to murder, read with Section 34 IPC, which provides for joint liability where a criminal act is done by several persons in furtherance of their common intention;

it also considered Section 4 of the Probation of Offenders Act, 1958, a reformative provision whose benefit the Court assessed in light of the offence’s nature, gravity, and circumstances.

The Court accepted that the injured witness’s presence at the scene was beyond doubt and relied on his attribution of the act of catching hold of him to Atar Singh; it held that any doubt about the wife’s presence did not undermine the injured witness’s evidence.

The firearm injury to a vital part of the body, resulting in loss of sight, supported the finding of an intentional and serious attack, while Atar Singh’s assigned role established his active participation.

The Court declined probation, reasoning that the offence was committed deliberately and in a premeditated manner, and that the gravity and circumstances did not warrant the benefit of Section 4.

It answered the second issue in the negative, denied probation, dismissed the appeal as to Atar Singh, and directed him to surrender before the Trial Court within one week to serve the remaining sentence.