Court Finds Prosecution Failed to Prove Intent to Murder Beyond Reasonable Doubt
In a significant ruling, the Allahabad High Court acquitted three appellants, including Mohd Kamil Alias Guddu, in a case concerning an alleged attempt to murder. The judgment dated August 25, 2026, delivered by Justice Subhash Vidyarthi, overturned the earlier conviction by the Additional Sessions Judge, Lakhimpur Kheri, citing the prosecution's failure to establish intent to commit murder beyond a reasonable doubt.
The case stemmed from a 2006 incident where the complainant, Subarati, alleged that the appellants fired gunshots at him following a quarrel between children. The trial court had convicted the appellants under Section 307 of the Indian Penal Code (IPC) and sentenced them to seven years of rigorous imprisonment.
Upon appeal, the High Court meticulously examined the evidence, highlighting several discrepancies in the prosecution's case. The Court noted contradictions in the testimonies of key witnesses and the lack of corroborative evidence, such as the absence of bloodstains at the crime scene and the non-recovery of weapons. The Court also pointed out the improbability of the shooting narrative, given the site's layout and the nature of injuries described by medical evidence.
Justice Vidyarthi emphasized that while the testimony of an injured witness holds special significance, it must be reliable and free from major contradictions to sustain a conviction. The Court found that the prosecution's case was marred by inconsistencies and failed to prove the appellants' guilt beyond reasonable doubt.
Additionally, the Court addressed the issue of juvenility for one of the appellants, noting that the matter had not been appropriately raised during the trial. However, given the acquittal, the question of juvenility was deemed academic.
The High Court's decision underscores the importance of establishing intent and knowledge in cases of attempted murder and reinforces the principle that the prosecution bears the burden of proof beyond reasonable doubt.
Bottom Line :
Conviction under Section 307 IPC must be based on clear evidence of intent or knowledge to commit murder, supported by reliable and consistent evidence.
Statutory provision(s): Section 307 IPC, Section 313 CrPC, Section 437A CrPC
Mohd Kamil Alias Guddu v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2967739
