Facts
The Appellant was convicted by the Trial Court under Section 307 of the IPC for allegedly assaulting Saryu Yadav and Sanjay Yadav with a ‘Garasha’ (pole-axe) following a dispute over a ‘rangdari’ (extortion) demand on May 18, 2012
Source reference: p. 1-2The prosecution alleged the Appellant caused head injuries to the victims during a labor payment session
Source reference: p. 2The Appellant challenged the conviction, contending that the testimonies were contradictory and that the case was a retaliatory filing following a molestation complaint lodged by the Appellant’s wife against the informant party
Source reference: p. 4-5Issues
1. Whether the prosecution evidenced the guilt of the Appellant beyond a reasonable doubt given the material contradictions in witness testimonies regarding the number of persons present and the recovery of the weapon
Source reference: p. 5, para. 122. Whether the injuries sustained by the victims were sufficient to attract a conviction under Section 307 of the IPC
Source reference: p. 4, para. 7(X)Law Applied
Section 307 of the Indian Penal Code (IPC) relating to attempt to murder and the evidentiary standards required under the Indian Evidence Act
Source reference: p. 2, 5The principle that the prosecution must prove its case beyond reasonable doubt and that material contradictions in eye-witness accounts, coupled with the non-examination of the Investigating Officer, can be fatal to the prosecution's case
Source reference: p. 5Reasoning
The High Court found the prosecution's evidence unreliable due to significant discrepancies between the witnesses. While P.W.1 claimed only three people were present, other witnesses stated 40–50 people were at the scene, yet no independent witnesses were examined
Source reference: p. 5, para. 12The court noted that multiple witnesses (P.W.3 and P.W.8) made conflicting claims about who seized and handed the weapon to the police, and the Investigating Officer was never examined to clarify the recovery
Source reference: p. 4-5the medical evidence from P.W.10 described the injuries as simple and lacerated, with no bone fractures, which undermined the charge of an attempt to murder
Source reference: p. 4the court observed the existence of a prior counter-case for molestation against the informant party, suggesting a motive for false implication
Source reference: p. 5, para. 12-13Holding
The Court answered the issues in the negative, holding that the testimonies were too contradictory to sustain a conviction.
The Court allowed the appeal, set aside the judgment of conviction dated 06.02.2019 and the order of sentence dated 13.02.2019, and discharged the Appellant from his bail bonds
Source reference: p. 5-6, para. 14-16Original Court PDF
ANTU RAJWARvsTHE STATE OF JHARKHAND
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