India News | Nobody Can Enter into Mind of Accused, Intention to Be Ascertained from Weapon Used: SC

New Delhi, Nov 12 (PTI) The Supreme Court Friday upheld the conviction of two persons in an attempt to murder case, saying "nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used".

A bench of Justices M R Shah and A S Bopanna said it was in complete agreement with the view taken by the trial court as well as the Jharkhand High Court.

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"As the deadly weapon has been used causing the injury near the chest and stomach which can be said to be on vital part of the body, the appellants have been rightly convicted for the offence under Section 307 read with Section 34 of the IPC.

"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.

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The judgement came on an appeal filed by Sadakat Kotwar and Refaz Kotwar challenging an order of the Jharkhand High Court which upheld their conviction for the offences under Section 307 (attempt to murder) read with Section 34 (common intention) of the Indian Penal Code.

The apex court said it is not the case of the accused that the offence occurred out of a sudden quarrel and it also does not appear that the blow was stuck in the heat of the moment.

On the contrary, considering as per the depositions of witnesses, the accused caused the injuries by stabbing dagger, the top court noted adding that deadly weapons have been used and the injuries are found to be grievous in nature.

"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.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)