(1.) These Criminal appeals are directed against the common judgment of conviction dtd. 17/5/2013 and order of sentence dtd. 23/5/2013, passed by learned Addl. Sessions Judge-1st, Lohardaga, in S.T. Case No.140 of 2006 (arising out of Kisko P.S. Case No.54 of 2005 and G.R. No.565 of 2005 whereby the appellants have been convicted under Ss. 148, 307/ 149 IPC and under Sec. 3 of Prevention of Witch Practices Act.
(2.) The impugned judgment of conviction and sentence is assailed mainly on the ground that the offence under Sec. 307 IPC will not be made out in view of the injury report adduced into evidence and marked as Exhibits-4 and 4/1, wherein only superficial abrasions, have been found and the Doctor has opined that the injury to be simple in nature. In Exhibit-4, it has been noted that no relevant injury was found nor any swelling was present. The X-ray report was not suggestive of any fracture. Exhibit-4/1 is the injury report of the injured/ informant (Budhman Oraon) wherein only two minor abrasions have been found.
(3.) It is submitted that on these medical evidence(s), charge under Sec. 307 IPC will not be made out. It is the settled law that intention to cause death is the essential ingredient for the offence under Sec. 307 IPC. Intention being a mental element can be inferred only from the nature of injuries, part of body in which it is inflicted, nature of weapon used. The injuries in the present case are so superficial that logically no inference can be drawn that appellants were actuated by the requisite intention. In the absence of such intention conviction under Sec. 307 IPC is without any basis.