38.6c New Delhi, India, Tuesday, June 25, 2024
Judiciary

Proof Of Grievous Or Life-Threatening Hurt Is Not Essential For Offence Under Section 307 IPC: SC [Read Judgment]

By LawStreet News Network      05 February, 2019 12:00 AM      0 Comments
Proof Of Grievous Or Life-Threatening Hurt Is Not Essential For Offence Under Section 307 IPC: SC [Read Judgment]

The Supreme Court on February 4, 2019, in the case of The State of Madhya Pradesh v. Kanha @ Omprakash has observed that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 [Attempt to Murder] of the Indian Penal Code, 1860.

A Bench comprising Justice D.Y. Chandrachud and Justice M.R. Shah was hearing an appeal filed by state against the judgment passed by the Madhya Pradesh High Court wherein the High Court converted the conviction of the respondent under Section 307 to Section 324 of the Indian Penal Code, 1860, and sentenced him to imprisonment for forty days, undergone by him, with a fine of Rs 3,000.

The High Court passed the decision after accepting the contention of the respondent that the nature of injuries was not conclusively proved. Thus it ruled that in the absence of evidence that the injuries were grievous or dangerous to life, they were simple in nature and therefore, the offence will fall under Section 324 instead of Section 307 of the Indian Penal Code, 1860.

However, the Bench set aside the Madhya Pradesh High Court judgment on the basis of the reference made to Section 307 where the first part of Section 307 refers to “an act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder”. The second part of Section 307, which carries a heavier punishment, refers to ‘hurt’ caused in pursuance of such an ‘act’.

Further, the Bench also referred to some of its judgments and said that “The above judgments of this Court lead us to the conclusion that proof of grievous or life-threatening hurt is not a sine qua non for the offence under Section 307 of the Penal Code. The intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances. Among other things, the nature of the weapon used and the severity of the blows inflicted can be considered to infer intent.”

On the basis of the evidence on record, the Bench observed that “In the present case, the nature of the injuries shows that there were eleven punctured wounds. The weapon of offence was a firearm. The circumstances of the case clearly indicate that there was an intention to murder. The presence of 11 punctured and bleeding wounds as well as the use of a fire arm leave no doubt that there was an intention to murder. Thus, the second part of Section 307 of the Penal Code is attracted in the present case. The judgment of the High Court overlooks material parts of the evidence and suffers from perversity.”

The Bench then allowed the appeal and restored the order of conviction by the Trial court under Section 307 IPC. It also awarded sentence of rigorous imprisonment of 3 years and a fine of Rs 1000.

 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

kejriwal-moves-sc-against-delhi-hc-order-blocking-his-release-in-liquor-policy-case-plea-seeking-urgent-hearing-likely-to-be-mentioned-today
Trending Judiciary
Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

Kejriwal moves SC against Delhi HC order halting his bail in liquor policy case; urgent hearing plea likely to be mentioned today.

24 June, 2024 10:47 AM
uapa-tribunal-confirms-ban-upon-two-jk-outfits
Trending Executive
UAPA Tribunal confirms ban upon two J&K outfits

UAPA Tribunal confirms ban on ‘Muslim League J&K’ and ‘Tehreek-e-Hurriyat J&K’ for secessionist activities under Section 3(1) of the anti-terror law.

24 June, 2024 11:10 AM

TOP STORIES

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM
supreme-court-to-organise-special-lok-adalat-from-july-to-aug-to-mark-its-th-anniversary
Trending Judiciary
Supreme Court to organise Special Lok Adalat from July 29 to Aug 03, to mark its 75th anniversary [Read Press Release]

Supreme Court to organize Special Lok Adalat from July 29 to August 03 to facilitate amicable settlements of pending cases, marking its 75th anniversary.

19 June, 2024 11:50 AM
post-office-act-comes-into-force-repeals-year-old-legislation
Trending News Updates
Post Office Act 2023 comes into force, repeals 125 year old legislation [Read New Post Office Act]

India enacts the Post Office Act 2023, replacing the 125-year-old Indian Post Office Act of 1898, to modernize and regulate postal services.

19 June, 2024 12:29 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email