SAHABUDDIN ANSAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction dtd. 28/6/2016 and order of sentence dtd. 30/6/2016, passed by learned 1st Additional Sessions Judge, Deoghar, in Sessions Trial No.297 of 2007, arising out of Mohanpur P.S. Case No.89 of 2007 (G.R. No.330 of 2007), whereby all the appellants were convicted under Ss. 148, 323, 324, 341, 452, 307 and 504 of the IPC read with Sec. 149 of the IPC.

(2.) Heard learned counsel appearing on behalf of the appellant and learned A.P.P. appearing on behalf of the State and perused the materials available on record.

(3.) Learned counsel appearing on behalf of the appellants submitted that these appellants have been falsely implicated in this case. It is their case that since there was a free fight amongst the parties, the appellants could not have been convicted under Sec. 307 of the IPC. As per the appellants, the prosecution has failed to prove that the appellants had an intention to commit murder nor did they have any knowledge that the assault may lead to death. In absence of 'knowledge' or 'intention', no conviction can be sustained under Sec. 307 of the IPC. It is also the contention of the appellant that there was no mens rea in commission of the offence. In absence of a mens rea, conviction of the appellant is bad.