- The Supreme Court agreed with the view of the Jharkhand High Court
- Said, no one can enter the mind of the accused
- ‘The intention of the accused should be ascertained from his weapon’
The Supreme Court on Friday made an important observation while upholding the conviction of two persons in an attempt to murder case. The SC said that no one can enter the mind of the accused and his intention should be ascertained by the weapon used. A bench of Justice MR Shah and Justice AS Bopanna said that it fully agrees with the view of the trial court and the Jharkhand High Court.
The bench said, “Since the lethal weapon has been used for injury near the chest and abdomen, which can be said to be a significant part of the body, the appellants have the right to the offense under section 34 as well as section 307 of the Indian Penal Code.” Has been convicted.
The bench said, “As observed and held in the course of the judgments by this court, no one can enter into the mind of the accused and his intention may be determined by the weapon used, the body part chosen for the assault and the injury.” to be ascertained from the nature of
The verdict came on an appeal filed by Sadaqat Kotwar and Refaaz Kotwar, challenging an order of the Jharkhand High Court, which had held offenses under section 307 (attempt to murder) along with section 34 (common intention) of the Indian Penal Code. His sentence for the same was upheld.