Delhi Court Acquits Man Of Attempt To Murder Charge, Convicts Him For Robbery

Underlining that where two interpretations of a situation are possible, the court will lean towards one in favour of the accused, a Delhi court has acquitted a man of the charge of attempt to murder.
?? ?
The court, however, convicted him for offences under Indian Penal Code (IPC) sections 394 (voluntarily causing hurt while committing robbery) and 397 (robbery or dacoity with attempt to cause death or grievous hurt).
?? ?
Additional Sessions Judge (ASJ) Sachin Sangwan was hearing a case against Sudhakar, who was accused of stabbing an auto driver, Salamat Khan, and robbing him in Okhla on March 4, 2016.
?? ?
Observing that it cannot be said that there was a "certainty of death or fatal injury" to the victim, the judge said, "It is established legal position that in a case where two interpretations of a situation are possible, the court shall lean towards the interpretation in the favour of accused."
?? ?
"Accordingly, the court is of the view that case under IPC section 307 (attempt to murder) is not proved against accused beyond reasonable doubts," ASJ Sangwan said in a recent judgement.
?? ?
He said the motive of the accused was to commit robbery by violence but no words were spoken showing the intention to murder the victim and according to the Medico-Legal Case (MLC), only one knife blow, which was not severe, was given to the victim.
?? ?
"In the given circumstances, it is doubtful whether the accused had the murderous intention required," the judge said.
?? ?
The court, however, convicted Sudhakar of offences under IPC sections 394 and 397, saying the ocular (eyewitness) evidence of the complainant along with medical and forensic evidence was sufficient to prove his guilt.
?? ?
Rejecting the defence counsel's arguments regarding "doubts" about Khan's testimony, the court said the FIR was recorded when he was undergoing treatment at the AIIMS Trauma Centre soon after the incident.
?? ?
"A person being robbed by use of weapons and suffering from injuries is under mental trauma and physical pain. Therefore, contradictions with the FIR and the testimony of the witness have to be seen in the given context," the court said.
?? ?
Regarding the role of a co-accused, Arun, the court said Khan did not identify him during the Test Identification Parade (TIP) proceedings. Noting the evidence before it, the court acquitted him from all charges, saying he was "entitled to the benefit of doubt".
?? ?
"Accused Sudhakar is convicted for the offences under IPC sections 394, 397 and 34 (common intention). However, accused Arun is acquitted of all the charges," the court said.
?? ?
The Okhla Industrial Area police station had registered an FIR against Sudhakar and Arun based on the victim's statement.
?? ?
The court posted the matter for hearing the arguments on sentencing on Tuesday.