Delhi court acquits 3 of attempt to murder charge due to insufficient evidence

Delhi court acquits 3 of attempt to murder charge due to insufficient evidence

New Delhi, A Delhi court has acquitted three men of attempt to murder charge in a 2018 stabbing case, saying that the prosecution failed to establish beyond reasonable doubt that they shared the intention to kill the victim.

Delhi court acquits 3 of attempt to murder charge due to insufficient evidence

The court, however, convicted the three Manoj, Manish and Puran of voluntarily causing hurt and wrongful restraint, holding that their participation in beating and restraining the injured man was proved through his testimony and medical evidence.

Additional Sessions Judge Muneesh Garg said the knife injuries were specifically attributed to co-accused Rajender, who died during the pendency of the trial, and there was no clear evidence that the three surviving accused used the knife or exhorted Rajender to inflict a fatal injury.

In the order dated August 24, the court said, "In the present case, the medical evidence does not support the allegation of an attempt to cause death. The CCTV evidence also does not record the assault."

The court said that merely being present and participating in the beating could not automatically establish that the accused shared the requisite intention to commit murder.

Singh suffered three stab wounds. However, the medical evidence described the injuries as simple, with their depth recorded as uncertain. There was no medical opinion that the injuries were dangerous to life, no evidence of damage to a vital organ and no record of life-saving surgery or prolonged hospitalisation.

The court also noted that the knife said to have been used in the attack was not recovered from any of the surviving accused. A video showing Rajender holding a knife did not capture the assault, while the CCTV footage also failed to establish the actual stabbing or the participation of the accused in the incident.

"It would be unsafe to infer beyond reasonable doubt that the surviving accused shared the intention or knowledge necessary for Section 307 IPC," the court said.

Although the knife blows were undoubtedly serious, it said, the prosecution had failed to establish the requisite intention or knowledge to cause death. The three accused were therefore given the benefit of doubt on the attempt to murder charge.

At the same time, the court found the evidence sufficient to prove that the three men had caught hold of, beaten and wrongfully restrained Singh. It convicted them under sections 323 and 341 read with Section 34 of the Indian Penal Code .

Rajender died during the trial, resulting in the abatement of proceedings against him.

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