HC sets aside man’s conviction in 2020 stabbing case; orders release

Dehradun: Uttarakhand high court on Friday set aside the conviction of a 35-year-old man in a 2020 stabbing case and ordered his immediate release after modifying his sentence to the period already undergone, unless he is not wanted in any other case.Harilal was earlier convicted by a Rudraprayag district court under sections 307 (attempt to murder) and 326 (voluntarily causing grievous hurt) of the IPC and sentenced to eight years of rigorous imprisonment.A single-judge bench of Justice Ashish Naithani, however, held that the incident was not premeditated and occurred in a sudden fit of rage over a minor dispute related to playing music on a mobile phone.As per the case records, the incident took place in June 2020 in Ukhimath, Rudraprayag, where Harilal stabbed Parmeshwar in the abdomen during an altercation.Reassessing the evidence, the high court observed that the accused did not intend to kill, noting that only a single blow was inflicted before he fled. It emphasised that intent or knowledge amounting to murder is essential to sustain a charge under IPC Section 307, which was not established in this case.The court also flagged inconsistencies in the prosecution’s case, including hostile witnesses regarding the recovery of the weapon and a delay in lodging the FIR.While setting aside the conviction and sentence under IPC Section 307, the high court upheld the conviction under IPC Section 326. The fine imposed by the trial court remains unchanged.