Mohar Singh s. State of Rajasthan
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Head Note
Indian Penal Code,1860 - Section 307
Appeal against Conviction - Attempt to Murder - Appreciation of Evidence - Injured witness - Testimony of - Statement of the PW-1 h injured, is not only natural and trustworthy, but also corroborated by medical evidence on record - Apart from this, eye witnesses PW-2 , PW-3 and PW-4 have further corroborated the incident - Injury on the head is so grievous that the medical officer has opined, it could have caused death - Do not find any illegality committed by the courts below regarding conviction of appellant in respect of offence under Section 307 IPC.
Indian Penal Code,1860 - Section 307
Conviction - Compromise - Compounding of Offence - Plea on behalf of the appellant that after the incident, the injured has entered into compromise, and he does not want to prosecute the appellant Panchayatnama dated 05.02.2014, prepared by the villagers placed on record - Held that since the offence punishable under Section 307 IPC is non-compoundable offence the compromise filed by the appellant rejected - Though the victim also appeared in person to corroborate that now he is no more interested to prosecute the appellant, but considering the nature of injuries and the nature of offence, the conviction recorded by the trial court against the appellant, and affirmed by the High Court not interfered with - However, taking note of above fact, the period of sentence of imprisonment reduced to three years without interfering with the sentence of fine - This reduction in sentence shall not be treated precedent for sentencing in respect of offence punishable under Section 307 IPC.
Topic(s)-Attempt to murder - Conviction - Compromise - Sentence reduced