Anushka Sharma-
Published On: November 13, 2021 at 12:09 IST
The Supreme Court on Friday upheld the Conviction of two persons in an Attempted Murder Case stating, “Nobody can enter into the mind of the Accused so his Intention has to be ascertained from the Weapon used.”
A bench of Justices M R Shah and A S Bopanna stated that they agreed with the Trial Court’s and the Jharkhand High Court’s conclusions.
“As observed and held by this Court in catena of decisions nobody can enter into the mind of the Accused and his Intention has to be ascertained from the weapon used, part of the body chosen for Assault and the nature of the Injury caused,” the Bench said.
Sadakat Kotwar and Refaz Kotwar had filed an Appeal against a Jharkhand High Court ruling upholding their Convictions for the Crimes of Section 307 (Attempt to Kill) read with Section 34 (Common Intention) of the Indian Penal Code.
The Apex Court stated that the Offence did not arise as a result of a sudden fight and that the blow did not appear to be delivered in the Heat of the Moment.“Considering the Case on hand on the aforesaid principles, when the Deadly Weapon – dagger has been used, there was a Stab Injury on the stomach and near the chest which can be said to be on the vital part of the Body and the nature of Injuries caused, it is rightly Held that the Appellants have committed the Offence under Section 307 IPC,” the Bench said.
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