Penal Code, 1860—Section 307—Attempt to Murder—Ingredients and Proof—Conviction Justified—To establish an offence under Section 307 IPC, it must be shown that the accused committed an act with the intention or knowledge that, under the given circumstances, if death were caused, the act would amount to murder—In the present case, the accused (husband) assaulted his wife using a ‘dao’ (machete), inflicting grievous injuries on vital parts such as the head, neck, and resulting in a severed thumb—The victim’s clear and consistent testimony, directly implicating the accused, stood corroborated by the medical evidence—The abscondance of the accused post-incident and his failure to provide any plausible explanation for the injuries suffered by the wife—a burden placed on him...
(A) Penal Code, 1860, Section 307, 326—Arms Act, 1959, Section 27—Attempt to murder—Restored conviction—To invoke Section 307 IPC, it is not essential that the injury caused be grievous or life-threatening; what matters is the intention or knowledge to cause death—In the present case, the accused, a constable in the army, fired from his AK-47 service weapon, fully aware of its lethal potential—The victim sustained four injuries—two on each upper thigh—which, though not fatal, were grievous—The nature of the weapon used and the location of the injuries clearly indicated the accused’s intent to cause death—Hence, the offence squarely falls within the ambit of Section 307 IPC. (Paras 12 to 13) (B) Penal Code, 1860 Section 307—Acquittal by High Court—Fi...
Bharatiya Nyaya Sanhita, 2023—Section 109—Attempt to Murder—Essential Ingredients and Determination of Offence—Under Section 109 of the Bharatiya Nyaya Sanhita, 2023, which pertains to the offence of attempt to murder, the essential ingredients include the presence of an intention to cause death coupled with an overt act in execution of that intention—It is not necessary that the injury inflicted must be grievous; even if the act results in causing hurt to any person, it can be sufficient to attract Section 109, provided the act was done with the requisite intent or knowledge—The determining factor is the intention or knowledge of the accused, as inferred from the surrounding circumstances, including the nature of the act, the weapon used, the manner of attack, and the part of the body targeted—Th...
Penal Code, 1860 (IPC)—Sections 447, 323—This case, the petitioner challenged the supplementary report filed after further investigation, arguing that it was invalid as it lacked prior court permission—While Section 173(8) of the Cr.P.C. allows further investigation without court approval, case law suggests that formal permission is advisable for transparency but not a requirement for the report's validity—The court, in previous rulings, clarified that the absence of permission does not invalidate the investigation or the supplementary report—The petitioner was added as the 6th accused based on witness testimonies, which the prosecution claims were sufficient to implicate him—The court will assess whether the procedural irregularity of failing to seek formal permission prejudiced the petitioner&rsqu...
The appellants, Indradeo Paswan and Bambam Paswan, challenged their conviction and sentencing in Sessions Trial No. 408 of 1993 under Sections 147, 148, 323, 324, 325, and 307/34 IPC, concerning an assault on Ram Lila Paswan—The appellants argued that inconsistencies in witness testimonies, absence of X-ray reports, and the failure to examine the Investigating Officer (I.O.) prejudiced their case—They contended that the injuries were likely from a scuffle, not an attempted murder—However, the prosecution’s consistent witness accounts, corroborated by medical evidence of injuries caused by blunt objects, supported the charges—The court dismissed the appeal, upholding the conviction, and confirmed the trial court’s sentences. The case underscores the significance of consistent eyewitness testimony, medica...
Penal Code, 1860 (IPC)—Sections 302, 307, 341—Arms Act, 1959 — Sections 25, 54—Attempt to murder—The prosecution's case involves a stabbing incident leading to one death and several injuries, where the petitioner is alleged to have instigated the attack—Despite the seriousness of the charges and the petitioner’s prior involvement in numerous criminal cases, the court granted bail, noting the absence of direct evidence linking the petitioner to the crime scene and the failure of key witnesses to identify him—The court emphasized that recovery evidence alone was insufficient without corroborative testimony and noted the prolonged trial might unjustly detain the petitioner—Conditions were imposed to prevent interference with the trial process and ensure the petitioner’s attendan...
Sentence reduced. Indian Penal Code, 1860, Sections 307, 34—Criminal Law—Attempt to murder—Common intention—High court sentenced 14 years—On Appeal, supreme court reduced to 10 yrs—Appeal partly allowed. (Para 9) Result :- Appeal partly allowed. ...
Penal Code, 1860 (IPC)—Sections 498A, 307—Dowry Prohibition Act, 1961, the accused, accused of setting his wife on fire, was acquitted—The judgment scrutinized prosecution and defense evidence, including witness testimonies and documents like sale deeds—The court found the prosecution's case lacking credibility due to inconsistencies and contradictions in testimonies, and the absence of evidence supporting alleged dowry demands—Consequently, the judgment and sentence were deemed erroneous, leading to the accused's release—The court also rejected a special leave to appeal application and dismissed the related criminal appeal. ...
Penal Code, 1860 (IPC)—Sections 325, 307 and 34—Attempt to Murder with grievous hurt—Suspension of sentence—The appellants were convicted for offences under Sections 307/34 IPC, stemming from a stabbing incident during a quarrel—Contradictions between the prosecution's case and the appellants' defenses regarding the occurrence and evidence arose—The appellants sought suspension of their sentences due to a prolonged trial, clean antecedents, and inconsistencies in the prosecution's case, supported by relevant Supreme Court precedents—However, the State emphasized the gravity of the offences and the strength of the evidence presented at trial, opposing the suspension of sentence—The court, while acknowledging the seriousness of the charges and the evidence presented, decided to sus...
Penal Code, 1860—Section 307/34—Attempt to murder—Conviction and sentence—Convicted under Section 307 IPC for stabbing during a dispute over food quality—The appeal disputes the conviction, citing witness credibility issues and alleging false implication—The appellant claims unreliable testimony, planted evidence, and tainted seizures—The State argues for witness trustworthiness and knife recovery corroboration—The court finds no major witness contradictions and holds medical and weapon evidence as reliable—It emphasizes sentencing principles, considering the gravity of the offence and victim's injuries—Consequently, the appeal is dismissed, and the appellant is directed to surrender to serve the remaining sentence, upholding the trial court's judgment. ...
Penal Code, 1860 (IPC)—Sections 451—Attempted Murder, Robbery, House Trespass—Petitioner's Conviction Upheld—Former Lawyer's Wife Alleges Attack—Fee Dispute Claimed by Petitioner as False Implication—Prosecution Witnesses Deemed Influenced—Court Rejects Petitioner's Revision, Upholds Conviction—Respondent's Version of Trespass, Threats, and Strangulation Prevails—Court Deems Defence Unbelievable—Evidence from Witnesses, Medical Reports, and Victim's Account Substantiate Charges—Petitioner Allegedly Demanded Money and Jewellery, Assaulted Respondent in Husband's Absence—Rescued by Relatives and Neighbours—Court Highlights Contradictions in Petitioner's Defence—Conviction and Sentence Confirmed Under IPC Sections 451, 307, 393&mda...
Penal Code, 1860—Sections 307, 120B, 364-A, 392 and 397—Kidnapping—Attempt to murder—Robbery—Convictions—Abduction and attempted killing for ransom—Key evidence—Victim's statement, medical reports, and witnesses—While expressing doubts about the applicability of Section 364A, the Supreme Court acquitted the accused under this section due to insufficient evidence of a ransom demand—However, the court upheld the conviction under Section 364 IPC for kidnapping to murder, sentencing the accused to ten years in prison—The judgment emphasized proper interpretation of evidence and clarified that police statements cannot be treated as dying declarations—The court directed the State to pay Rs. 5,00,000 as compensation to the victim under Section 357A and issued specific in...
Indian Penal Code, 1860 — Section 229A, Section 294(b), Section 307, Section 341, Section 506(ii)—Seek bail—Attempted to murder—The prosecution alleges the accused wrongfully restrained and attempted to murder the defacto complainant—The defense asserts innocence, emphasizing the lack of injuries to the complainant—Considering the nature of allegations, absence of injuries, and the principle in Sanjay Chandra vs. CBI, the court grants bail—The petitioners are released on bail with conditions, including a bond of Rs.10,000 each, monthly court appearances, non-tampering with evidence, and no absconding—Breach of conditions empowers the trial court to take appropriate action, following legal precedents. ...
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Penal Code, 1860—Sections 147, 148, 149, 307, 323, 504—Attempt to murder—Acquittal—Charge under Section 3(2)(v) not justified—Alleged casteist abuses, framing of charge quashed—Prima facie, the accused, not being SC/ST members, committed an offense punishable under IPC Section 307 against Rinku Thakur, not Virender Kumar, who was the alleged victim of casteist abuses—Section 3(2)(v) requires allegations that the accused, not being SC/ST, committed an IPC offense punishable with 10 or more years of imprisonment against a member of SC/ST—Since the only applicable offense was against Rinku Thakur, the charge under Section 3(2)(v) was unsustainable—Directions issued to quash and set a...
Penal Code, 1860—Sections 307 and 325—Conviction and sentence—Attempt to murder —The appellant was initially convicted for an offense under Section 307 of the Indian Penal Code (IPC) and sentenced to seven years of imprisonment with a fine of Rs.2000/-. The case revolved around an incident where a collision occurred between motorcycles, leading to a dispute and physical altercation, resulting in injuries—The appellant's defense argues innocence, citing lack of serious injuries and contradictions in prosecution witness statements—The appeal contends that the offense should be reduced to Section 335 of IPC, involving voluntarily causing grievous hurt on provocation—The court analyzed witness testimonies, acknowledged discrepancies, and ultimately set aside the Section 307 conviction—I...
Criminal Procedure Code, 1973—Section 374(2)—Penal Code, 1860—Section 307—Conviction and sentence—Attempt to murder—Criminal cases where the offense is witnessed by close relatives of the victim, their testimony should not be automatically discarded as interested witnesses—This principle was reiterated in a case involving a Section 307 IPC (Attempt to Murder) charge—The court emphasized two key elements for constituting an offense under Section 307: the accused's intent or knowledge to cause the victim's death and the overt actus reus in execution—In this instance, the appellant attacked the victim with an axe, causing dangerous injuries to vital organs—Considering the weapon, nature of injury, and medical evidence, the court affirmed the appellant's intenti...
Penal Code, 1860 (IPC)—Sections 307, 323 and 324—Convicted for conspiracy—Attempt to murder—The appellants, convicted for conspiracy to cause death, argued that the injuries inflicted were simple and lacked intent to kill—The court, referencing precedent, emphasizes that Section 307 convictions don't require fatal injuries but must demonstrate intention, considering factors like the weapon used— Observing no severe or repeated blows and simple injuries, the court concludes that only offenses under Sections 323 and 324 of the IPC (voluntarily causing hurt) are proven—Consequently, the appellants' conviction is modified, and the sentence is reduced—The appeal is disposed of with the appellants discharged from bail bond obligations— The judgment underscores the importance of inten...
Ranbir Penal Code, 1989 - Sections 307, 323, 341 and 34—Attempt to murder—Accused were acquitted. The prosecution failed to produce an eyewitness during the trial. Additionally, the investigating officer did not find any blood at the scene nor seized bloodstained clothes from the injured party, casting doubt on the prosecution's narrative. As a result, the order of acquittal was upheld, and the accused were not convicted. ...
Arms Act, 1959 - Sections 25 and 27—Penal Code, 1860 (IPC) - Sections 307, 384, 506, 120-B read with Section 34—Attempt to murder—Case involves charges under various sections of the Indian Penal Code and the Arms Act, including attempt to murder. The court observed that no further proceedings were required at this stage and expected the investigating agency to proceed in accordance with the law and take steps to arrest the accused. ...
Penal Code, 1860 (IPC)—Section 498A, 506(ii), 406, 307—Code of Criminal Procedure 1973—Section 482—Quashed—Wife against her husband and in-laws on—Various counts—Domestic violence—Attempted murder—Criminal intimidation—In noting that the medical evidence on record, as well as witness statements did not corroborate with the opposite party no 2’s version of events—quashed the criminal proceedings, and held : —The court found that the allegations of physical and mental torture lacked sufficient evidence and appeared to be a result of personal grudges, thus constituting an abuse of the legal process—The cases were quashed in accordance with the inherent power of the court under Section 482 of the Code of Criminal Procedure—Dismissed. ...
Penal Code, 1860 (IPC)—Sections 307, 341 and 506B—Appellant was convicted and sentenced under various sections of the Indian Penal Code (IPC) for causing injuries to the complainant with scissors—Incident occurred due to suspicions of an inappropriate relationship between the complainant and the appellant's wife—Supreme Court found that the conviction under Section 307 IPC (attempt to murder) was not appropriate, and the offense instead fell under Section 326 IPC (voluntarily causing grievous hurt)—Appellant's sentence was reduced to the period already served, and the fine was upheld ...
Fire on complainant—Indian Penal Code, 1860—Section 307/34—Arms Act, 1959—Sections 25(1-B) and 27(1)—Offence under—Conviction and sentence—Confirmed by High Court—Appeal against—Determination of—Prosecution strongly relies upon statement of complainant and his mother—A perusal of statement of complainant reveals that accused-appellant had come in front of complainant house—Upon asking as to why were here—Accused allegedly took out his Country made pistol and fired as shot at complainant—Mother of complainant and his three neighbors came to scene the occurrence—Only evidence available to prove presence of accused—When there is absence of independent evidence corroborating statements made by complainant, serious doubt regarding recovery of ...
Criminal Procedure Code, 1973 (Cr.P.C)—Section 438—Anticipatory Bail—Dowry Harassment, Attempt to Murder—Granted with Conditions—In this case, the petitioners sought anticipatory bail under Section 438 of Cr.P.C. for offenses under IPC Sections 498-A, 323, 504, 307, 114, and 506 read with Section 34, and Sections 3 and 4 of the Dowry Prohibition Act—The prosecution alleged physical and mental harassment by the husband and mother-in-law, including an attempt to murder—The petitioners argued that the complaint was filed after a related civil dispute and claimed the allegations were fabricated—The court, after noting the nature of the injuries (simple tenderness) and considering the pending matrimonial disputes, granted anticipatory bail—Conditions included a personal bond, cooperation wi...
Penal Code, 1860—Section 307—Criminal Procedure Code, 1973—Section 374(2)—Attempt to murder— Appeal against conviction—Multiple injuries have been caused to the victim—The injuries were caused on the head and other part of body—If injured was not treated well in time, he would have certainly died— Held, No requirement for the injury to be on a "vital part" of the body, merely causing 'hurt' is sufficient to attract S. 307 I.P.C.—The proof of grievous or life—threatening hurt is not a sine qua non for the offence under Section 307 IPC—To justify a conviction u/s 307 IPC, it is not essential that fatal injury capable of causing death should have been caused—The nature of the weapon used and the severity of the blows inflicted can be considered to...
Indian Penal Code of 1860, specifically Sections 307 read with 149 pertaining to an attempt to murder, all the accused individuals and the injured party reside in the same locality. In an effort to restore harmony and foster amicable relations, the current petitions have been submitted. Notably, the appellants have already served a sentence exceeding 18 months. Given the circumstances, especially considering a matrimonial connection between the injured party and the accused, this Court finds it appropriate to utilize its authority under Article 142 of the Indian Constitution. Consequently, the High Court's imposed sentence is further adjusted to account for the time already spent in custody, and any accused individuals currently incarcerated shall be immediately released, unless required for other legal matters. ...
Penal Code, 1860 (IPC) - Section 307 - Attempt to murder - As per Section 307 IPC, whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life or to such punishment as mentioned in Section 307 IPC. ...
Criminal Procedure Code, 1973—Section 482—Penal Code, 1860—Section 307, 147, 148, 149, 323, 504, 506, 427—Offence of Attempt to murder—Petition under—Quashing for— Permissibility of Whether charge—sheet and the proceedings of a case can be quashed on the basis of a compromise u/s 307 IPC —Simple injuries—None of the persons has suffered any grievous injury which may support the charge of committing an offence u/s 307 IPC—There was a property dispute between the parties—The chance of conviction of the applicants u/s 307 IPC is remote and bleak The present case would fall within the exception carved out by the Apex Court in Para 29.6 in Narinder Singh v/ s State of Punjab, (2014) 6 SCC 466 and Para 15.4 of the judgment in the case of State of Madhya Pradesh v/s Laxmi Na...
Penal Code, 1860, Section 307 and 324—Criminal Procedure Code, 1973, Ss. 482 and 374(2)— Attempt to murder—Appeal against conviction—Pre-existing enmity—The grievous injuries suffered by the complainant, allegedly caused by a chhurri (knife), were inflicted on vital part of his body i.e. the neck—The nature of the injury being opined as grievous would indicate that the appellant had the requisite intention as well as the knowledge that such injuries could have been fatal—The appellant—accused had the requisite intention as well as the knowledge that such injuries could have been fatal—In the opinion of this Court, the ingredients of the offence punishable u/s 307 IPC are clearly proved against the appellant beyond any shadow of doubt— The appeal is dismissed. Rakesh v/s...
A.Penal Code, 1860 (IPC)—Section 307—Arms Act, 1959—Section 27—Attempt to murder—Using arms—The central argument put forth is that the illegal use of a licensed or sanctioned weapon does not inherently constitute an offense under Section 27 without establishing a violation of Section 5 or 7 of the Arms Act. It could, at most, be categorized as 'misconduct' under service regulations, which was not the focus of this trial. The prosecution failed to demonstrate any motive or element of planning. While the fact of injury may not directly impact a conviction under IPC Section 307, the appellant-accused had already served a sentence of 3 months and 19 days. Consequently, this appeal partly allowed, with the appellant's conviction under Section 27 of the Arms Act set aside, while maintaining the co...
Penal Code, 1860 (IPC) - Section 307 read with Section 34 - Attempt to murder - Appeal against conviction and sentence - 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 ...
[A] Penal Code, 1860, Section 307 & 34—Attempt to murder—Nature of injury caused by sharp cutting weapon—A single blow was on the vital part of the body i.e. stomach and near chest—Held, nobody can enter into mind of accused and his intention has to be ascertained from weapon used, part of body chosen for assault and nature of injury caused—As deadly weapon has been used causing injury near chest and stomach which can be said to be on vital part of body, appellants have been rightly convicted for offence u/s 307 r/w Section 34 of IPC—Appeal dismissed. [B] Evidence Act—Evidence of injured eye-witness—Evidentiary value of Held, evidence of an injured eye-witness has great evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly. ...
Criminal Procedure Code, 1973—Section 378—Indian Penal Code, 1860—Sections 307 and 504—Acquittal—Attempt to Murder—In an appeal against acquittal under Section 378 CrPC, where the accused was charged under Sections 307 (attempt to murder) and 504 IPC, the High Court upheld the trial court's judgment of acquittal—The Court emphasized that in cases involving direct evidence, the prosecution bears the burden of proving the charge beyond reasonable doubt—However, in the present case, the prosecution failed to discharge this burden—The evidence on record was riddled with inconsistencies and doubts, raising serious questions about the credibility of the prosecution’s case—The trial court had critically analyzed the material evidence and drawn a reasonable conclusion—The...
A. Penal Code, 1860 (IPC)—Sections 148 and 307—Attempt to murder—Medical experts who testified in the case clearly explained that the weapons used and the injuries inflicted were more than sufficient to cause death in the ordinary course of nature—There were seven injuries, some of which were deep cuts on vital parts of the body, including the head, above the ear. Furthermore, the appellants caused severe damage to the complainant's feet, breaking all the bones below the knee, which ultimately led to the amputation of an entire limb, leaving the complainant permanently disabled. Given the gravity of the injuries inflicted, the conviction of the appellants for attempt to murder is upheld. B. Penal Code, 1860 (IPC—Sections 148 and 307—Attempt to murder—The crime occurred in a priv...
Indian Penal Code, 1860 (IPC)—Sections 307, 326, 341, 504—Attempt to Murder, Grievous Hurt, Wrongful Restraint, Intentional Insult—Appreciation of Evidence and Sentencing—Headnote: In an appeal against conviction under IPC Sections 307, 326, 341, and 504, the accused argued false implication due to strained relations from an alleged extramarital affair—The appellate court found the prosecution's suggested motive (suspicion of illicit relations) sufficiently established by the victim's testimony (PW-1). Despite minor discrepancies in medical evidence (PW-13, PW-14), direct evidence from the injured witness, corroborated by medical reports and recovery of the weapon, was deemed reliable—The plea of acquittal based on reconciliation was dismissed, citing precedents that compromise in serious offens...
Criminal Procedure Code, 1973 (CrPC)—Section 222—The appeal by Accused No.2 challenges his conviction for wrongful restraint under Section 341 r/w 34 and attempt to murder under Section 307 IPC—The trial court sentenced him to three days' imprisonment for wrongful restraint and four years' imprisonment with a fine for attempt to murder—The appellant argued that the evidence was contradictory and unreliable, and that the injury inflicted on the complainant was not grievous or life-threatening, thus not warranting a charge under Section 307—The court upheld the conviction under Section 341 IPC but modified the conviction under Section 307 IPC to Section 324 IPC, finding that the assault, though serious, did not meet the threshold for an attempt to murder—The sentence was reduced, with the fine ret...
Penal Code, 1860—Sections 114 and 307—Arms Act, 1959—Section 25(1)(B)(a) - Bombay Police Act, 1951 - Section 135(1)—Attempt to Murder—Sentence enhanced from Six to Seven Years by High Cour—Appeal against—Minor discrepancies in the evidence and the inability to recall specific details of houses, roads, and streets after several years did not undermine the validity of the evidence related to the recovery of the weapons. The appellant had guided the police to the location where the weapons were hidden under the sand. It was emphasized that the key witnesses to the crime, including the victim and the driver of his car, confidently identified the appellant and the first accused, and their testimonies were unwavering during cross-examination. Additionally, PW10 testified to witnessing the recovery of th...
Criminal Procedure Code, 1973—Section 439—Bail—Attempted Murder Charges—The petitioner, accused No. 2 in Crime No. 55/2020, sought bail under Section 439 of the CrPC for attempted murder charges (Section 307 read with Section 34 of IPC)—The prosecution alleged that the petitioner and another co-accused attacked the complainant's uncle, Kumar, resulting in grievous injuries—The petitioner contended that he was falsely implicated, asserting he was in illegal custody until a habeas corpus petition prompted his production before the court—He argued that the injured had been discharged from the hospital and there was no recovery of weapons from him—The Court noted that the alleged offence was not punishable by death or life imprisonment, and the petitioner had been in custody for over two and...
Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Application Rejected—Prima Facie Involvement in Conspiracy and Attempted Murder—The petitioner, accused No.2 in a case arising from Crime No.245/2019 under Sections 120(B), 114, 452, and 307 r/w 34 of IPC, sought bail under Section 439 CrPC—The court rejected the petition, citing prima facie evidence of the petitioner's involvement in a conspiracy with accused No.1 to kill CW-2 by paying supari—Mistakenly, the petitioner poured petrol on CW-1 (the daughter of accused No.1) instead of CW-2 due to darkness—Evidence, including petrol purchase and a statement from CW-1 after hospitalization, further implicated the petitioner—Given the seriousness of the crime, potential threat to the victim, and public safety concerns, the court declined ...
Penal Code, 1860 – Section 307 – Conviction for Attempt to Murder – Assault on Teacher with Iron Rod—The appellant challenged the conviction and sentence passed by the Fast Track Court III in Sessions Case No. 127/2009, where he was convicted under Section 307 of the IPC for assaulting a fellow teacher with an iron rod—The incident occurred when the victim, on his motorcycle, was delivering a cheque at the CAEO Office—The appellant, who harbored animosity towards the victim, attacked him, leading to severe injuries—The prosecution presented 10 witnesses and material evidence, proving the guilt of the accused—The appellant contended that the judgment was unsustainable and the witnesses unreliable, questioning the recovery of the weapon—However, the Court upheld the conviction, citing th...
Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Allegations of Domestic Violence and Attempt to Murder—The petitioners sought anticipatory bail in Crime No.156/2019 registered for offenses under Sections 498(A), 494, 307, and others of IPC and the Dowry Prohibition Act, 1961—The complaint alleged domestic violence, dowry harassment, and an attempt by the petitioners to murder the complainant and her child—The trial court rejected bail, citing the seriousness of the allegations—However, the petitioners argued that the complaint was fabricated, pointing out contradictions, including a lack of medical evidence for injuries—They also noted that the complainant's husband had been granted bail—The High Court, finding no wound certificate on record and considering the circumst...
Penal Code, 1860 (IPC)—Sections 307 and 34 —Attempt to murder—Common intention—principles governing them—individuals engage in a particular criminal act, all sharing a common intention to commit that offense. In such cases, all offenders are held liable for the criminal act in the same manner as the principal offender, as if the act was committed by all of them. Importantly, Section 34 does not diminish the responsibility of the principal offender, who carries the primary liability for the principal act. Instead, it additionally renders all other offenders liable—For Section 34 to apply, there must be a shared intention to commit the specific offense in question. This means that the intention of each accused must be known to the rest of the accused, demonstrating a mutual understanding of the criminal o...
Indian Penal Code, 1860 (IPC)—Sections 307 r/w 511, 120-B—Criminal Conspiracy, Attempt to Murder—Acquittal Appeal—Insufficient Evidence—The appellant challenged his conviction for conspiracy and attempt to murder (Sections 307 r/w 511, 120-B IPC) on grounds of inconsistent prosecution evidence—The trial court convicted the appellant based on witness testimonies and material seized, including a sword and a photograph of the intended victim (CW-2)—However, key witnesses, including PW-2, turned hostile, and there were contradictions in testimonies—The failure to examine CW-2, the alleged target of the conspiracy, weakened the prosecution's case—The appellant contended that mere possession of weapons did not prove intent or attempt to murder—The defense argued there was no mens r...
Penal Code, 1860 (IPC)—Section 307, Section 34—The petitioner, designated as accused No. 2, sought bail in Crime No. 48/2018 for attempted murder under Section 307 of the IPC—The prosecution alleged that on the night of March 4-5, 2018, the complainant’s brother was assaulted by unknown persons—The investigation is complete, and a charge sheet has been filed—The petitioner argued for bail based on parity with accused No. 1, who had been granted bail previously—Noting the absence of prior criminal records against the petitioner and the victim’s recovery after medical treatment, the court found sufficient grounds for granting bail—The petition was allowed, with conditions including a personal bond of Rs. 50,000, cooperation with trial proceedings, and a prohibition against tampering with...
Penal Code, 1860 (IPC)—Section 302, Section 307, Section 450, Section 506(2)—Criminal Procedure Code, 1973 (CrPC)—Section 43, Section 235(2), Section 354(3), Section 37, Section 129—Charges under various sections of the Indian Penal Code, including murder, attempt to murder, criminal intimidation, and house trespass, the death sentence was initially imposed on the appellant—However, the Supreme Court commuted the death sentence to life imprisonment—The court emphasized that while determining punishment in such cases, due regard must be given to both the crime and the criminal—The scope of mitigating factors in death penalty cases should be viewed liberally and expansively by the courts—The court highlighted that the decision to impose the death sentence should only be made in cases that unqu...
Penal Code, 1860—Section 307—Arms Act, 1959—Section 25—Attempt to murder—Conviction and sentence—Appellant had been convicted under various sections of the Indian Penal Code (IPC) and the Arms Act. The prosecution's case was based on the testimony of a witness, PW11, who claimed to have known the appellant from before. However, the witness did not name the appellant in the FIR and made contradictory statements during the trial. The Supreme Court found that the prosecution had failed to establish the appellant's presence at the scene of the crime beyond reasonable doubt and acquitted him based on the benefit of the doubt. ...
Penal Code, 1860—Sections 302/307/34—Murder and attempt to murder—Common intention—Life sentence—Convicted and sentenced to life imprisonment under various sections of the IPC—The High Court reversed her acquittal, and the Supreme Court upheld the decision, citing the credibility of witnesses, including the daughter of the appellant—However, the Supreme Court set aside the denial of remission and allowed the appeal only to that extent. ...
Penal Code, 1860—Sections 307/149—Attempt to murder—Common object—Accused appellants in this case appealed against a High Court judgment that reduced their sentences for their involvement in a violent incident. The incident involved a dispute over water rights, resulting in injuries and a fatality. The Supreme Court upheld the High Court's findings, stating that the sentences were justified and that there were no grounds for acquittal or further sentence reduction. ...
Penal Code, 1860 (IPC)—Section 141, Section 149, Section 302, Section 303, Section 304, Section 305, Section 306, Section 307, Section 326—Nature of injuries and lack of specific charges—However, the Supreme Court found evidence of their participation in the assault and convicted them under Section 326 read with Section 149 IPC, sentencing each to seven years of rigorous imprisonment and a fine of Rs. 2000. Accused can set off the period of custody served. ...
Penal Code, 1860—Section 307—Attempt to murder Framing of charge—The High Court deleted the charge framed u/s 307 IPC as unsustainable while maintaining the charge in respect of other offences—Challenged Having regard to the statements of the persons recorded u/s 161 Cr.P.C. and the medical report, we fail to understand as to how the High Court could come to the conclusion, at the stage of framing of the charge itself, that guilty intention of the accused persons was conspicuously missing—To attract the provisions of Section 307 IPC, injury need not be on fatal part of the body—Further held, when several persons attacked unarmed persons with deadly weapons, it is reasonableto presume that they had knowledge or intention that such attack would result in death—The order of the High Court is hereby q...
Penal Code, 1860—Section 307—Attempt to murder Framing of charge—The High Court deleted the charge framed u/s 307 IPC as unsustainable while maintaining the charge in respect of other offences—Challenged Having regard to the statements of the persons recorded u/s 161 Cr.P.C. and the medical report, we fail to understand as to how the High Court could come to the conclusion, at the stage of framing of the charge itself, that guilty intention of the accused persons was conspicuously missing—To attract the provisions of Section 307 IPC, injury need not be on fatal part of the body—Further held, when several persons attacked unarmed persons with deadly weapons, it is reasonableto presume that they had knowledge or intention that such attack would result in death—The order of the High Court is hereby q...
Penal Code, 1860 (IPC)—Section 307, Section 326—Dinesh Yadav appealed against his conviction for causing injuries under Section 307 of the Indian Penal Code—Prosecution's case was based on witness testimonies—Court found the evidence of eye—witnesses consistent and reliable, supporting the prosecution's case—Dinesh Yadav was convicted under Section 326 IPC, sentenced to one year in prison, and fined Rs— 50,000, with the option of additional imprisonment—Appeal was partially allowed, and Dinesh Yadav was granted the benefit of set—off under Section 428 CrPC ...
Penal Code, 1860—Sections 307/34—Attempt to murder—Common intention—Appeal against conviction—It is not essential that bodily injury capable of causing death should have been inflicted in order that charge under Section 307 be made out—It is enough if there is an intention coupled with some common act in execution thereof—In present case, two bombs were hurled which are lethal weapons from which it can safely be inferred that intention was to cause death—Motive of accused has also been made out—Appeal dismissed ...
Penal Code, 1860—Sections 307/149 and 148—Attempt to murder—Unlawful assembly's common objective to commit murder was affirmed by medical evidence, witness identification of all accused, weapon use, and injury nature—Police delay in filing an FIR was noted—As motive was evident through direct evidence, the High Court erred in interfering with acquittals, restoring the Trial Court's conviction and sentence. ...
Penal Code, 1860 (IPC)—Section 149, Section 302—Common object—Case, two appellants, along with four others, were charged with offenses including murder and attempted murder—The prosecution's case was based on a night incident where they attacked the victims with firearms—Despite the appellants' argument that they were mere friends accompanying the main perpetrators, the court found them guilty based on the presence in an unlawful assembly with a common objective of violence—The court upheld their convictions, emphasizing that Section 149 of the Indian Penal Code holds all members of an unlawful assembly liable for the group's actions—The appeal was dismissed. ...
Penal Code, 1860 (IPC)—Section 149—Conviction for the offence—Case, 21 appellants were convicted for various offenses, including murder and attempted murder, related to a political rivalry in a village—The Supreme Court found insufficient evidence to establish a common object for murder, reducing their convictions to lesser charges—All appellants had already served seven years or more in prison, so their release was ordered. ...
Penal Code, 1860—Sections 302 and 307—Murder and attempt to murder—Evidence indicated injuries on the deceased and injured individuals that were consistent with the weapon used—Eyewitnesses, including the informant, provided a coherent and convincing account of the incident, leaving no doubt about their credibility—Additionally, the arms and ammunition used in the offense were recovered from the appellant, and a site plan prepared by the Investigating Officer corroborated the witnesses' account of the location of the incident—As a result, the charges against the appellant were proven beyond a reasonable doubt—However, the co-accused had been acquitted due to the absence of incriminating evidence against them. ...
Penal Code, 1860 (IPC)—Section 307—Attempt to Murder—Conviction of CRPF Personnel—Accidental Firing Plea Rejected—Forensic Examination of Weapon Not Mandatory if Firing Established—Sentencing Upheld—The appellant, a CRPF constable, was convicted under Section 307 IPC by the Sessions Judge, Cachar, for firing at Head Constable M.A. Beg with a self-loaded rifle (SLR) during duty hours, causing grievous injuries to the abdomen and left elbow—The trial court sentenced him to ten years of rigorous imprisonment and imposed a fine—The appellant contended that the firing was accidental, arising from a scuffle when the victim allegedly attempted to snatch his rifle—He further argued that the prosecution's failure to conduct a forensic examination of the rifle weakened its case—T...
Criminal Procedure Code, 1973—Section 482—Penal Code, 1860—Sections 307/34—Attempt to murder—Common intention—The FIR (First Information Report) revealed the commission of a cognizable offense under Sections 307/34 of the Indian Penal Code—Despite allegations and counter-allegations, the case was not suitable for compromise between the complainant and the accused—In a serious case like this, quashing the FIR was not deemed appropriate as it would go against public policy and the administration of the criminal justice system—Therefore, the order issued by the High Court to quash the FIR was set aside. ...
Penal Code, 1860—Section 307—Attempt to murder—Ingredients—Case, the appellants were convicted for their involvement in a violent altercation where they attacked the complainant and his sons while they were cutting reeds in their field—The second appellant was convicted under Section 307 of the Indian Penal Code for causing serious injuries—The Supreme Court upheld the conviction but reduced the second appellant's sentence to the period already served and ordered him to pay a compensation of Rs—7,50,000 to the injured witness—The convictions of the other appellants were also upheld, with their sentences reduced to the time already served. ...
Criminal Procedure Code, 1973 (CrPC)—Section 320, Section 482—Penal Code, 1860 (IPC)—Section 161, Section 307, Section 34—Attempt to murder—Compounding—That accepted a compromise between the parties and quashed the criminal proceedings for an incident involving serious injuries inflicted by the accused—Supreme Court held that for offenses like Section 307 of the Indian Penal Code, which are heinous and serious, a mere compromise between the parties should not be a ground to quash the proceedings—Court provided guidelines for when the settlement of disputes may or may not lead to the quashing of criminal proceedings—Case was sent back to the trial court for further proceedings. ...
Indian Penal Code, 1860—Section 307—Arms Act, 1959—Sections 25 and 27—Criminal Procedure Code, 1973—Section 31—Attempt to murder—Conviction—Appellant, Manoj, appealed against the final judgment of the High Court of Punjab & Haryana, which confirmed his conviction and sentence for offenses under the Indian Penal Code and Arms Act. The appellant was charged with shooting an individual in a case of mistaken identity. The trial court imposed consecutive sentences based on the appellant's previous criminal record for a similar offense. The appellant challenged the consecutive sentences, citing the single transaction rule and legal precedents. The Supreme Court, after considering the arguments, modified the sentences, holding that they must run concurrently. The court emphasized the appell...
Penal Code, 1860—Section 307—Criminal Procedure Code, 1973—Sections 320 and 482—Case involves an attempt to murder, and the issue of compounding the offense. The court emphasizes that the power of a criminal court to compound offenses is limited by Section 320 of the Criminal Procedure Code (Cr.P.C.), which designates non-compoundable offenses. These provisions aim to safeguard not only individuals but society as a whole. The High Court erred in viewing it solely as personal injury, believing that monetary compensation settled the matter, and the crime was expunged. The court sets aside the High Court's judgment, stating that the appeal is allowed, reinforcing the importance of statutory limitations on compounding offenses. ...
Penal Code, 1860 (IPC)—Section 307—Respondent filed a nomination to contest the election for Pradhan of Gram Panchayat Aheta but had his nomination canceled due to a prior conviction under Section 307 of the Indian Penal Code. The Division Bench of the High Court's decision to allow the Respondent to hold the office of Pradhan is erroneous. While the Respondent was released on bail, it does not equate to acquittal from the offense for which he was convicted. As the appeal has been allowed, the first Respondent will be required to vacate the office of Pradhan of Village Aheta Gram Panchayat. ...
Criminal Procedure Code, 1973 (CrPC)—Section 157, Section 159, Section 313—Indian Penal Code (IPC)—Section 40(1) of the IPC, when read with Section 141 'third,' is discussed—It is noted that Section 40(1) is applicable when determining the nature of an offense under the IPC—When considering an offense under any other special or local law, the aid of sub-clauses 2 and 3 of Section 40 needs to be applied to determine the offense for which the accused is being prosecuted—In this case, as no special or local law was involved, Section 40(1) along with Section 141 'third' of the IPC was found to be applicable—The case also deals with Sections 302, 307, 149, 147, and 148 of the IPC, relating to murder, attempt to murder, common object, and associated charges—It is emphasized that th...
Penal Code, 1860 (IPC)—Sections 307, 506—Attempt to Murder—Criminal Intimidation—Acquittal—Scope of Interference in Appeal—The case arose from a civil dispute between two brothers regarding a blocked pathway—The informant, along with an Executive Magistrate and police, went to execute an order directing the removal of obstructions—The accused allegedly appeared with a dagger, intending to assault the informant and his brother but was apprehended by the police—He was charged under Sections 307 and 506 IPC—The prosecution examined 10 witnesses, while the defense examined none—The Sessions Court acquitted the accused, finding that the prosecution failed to prove intent or attempt to cause death beyond a reasonable doubt—Official witnesses, including the police officer an...
Criminal Procedure Code, 1973 (CrPC)—Section 320—Penal Code, 1860 (IPC)—Section 294, Section 307,—Legal document discussing an appeal against a conviction and sentencing in a case involving a dispute between two parties. The incident, occurring in 1994, led to cross-cases being registered. The appellants challenged their conviction, and the appeal was dismissed by the High Court of Madhya Pradesh. The appellants sought permission to compound the offences based on a settlement between the parties, but the court rejected the request, citing non-compoundable nature of the offences. However, considering the settlement and other circumstances, the court decided to reduce the sentences already served by the appellants, upholding the conviction but modifying the sentences. ...
Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 313—Penal Code, 1860 (IPC)—Section 302, Section 307, Section 324—Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970—Section 2—Appellant was charged with the murder of Murthy Prasad and causing injuries to Shankara (PW-8). The prosecution's case was based on Shankara's complaint, which mentioned that the appellant demanded money from the deceased and later assaulted both victims with a knife. The trial court acquitted the appellant due to various contradictions and inconsistencies in the evidence. However, the High Court reversed the acquittal and convicted the appellant. The Supreme Court found that the High Court's findings were not sustainable, as there were significant contradictions in the evidence and issues...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Penal Code, 1860 (IPC)—Section 300, Section 302, Section 303, Section 304, Section 305, Section 306, Section 307, Section 308, Section 309, Section 310, Section 311, Section 312, Section 313, Section 314, Section 315, Section 316, Section 317, Section 318, Section 319, Section 320, Section 321, Section 322, Section 323, Section 324, Section 34—Trial court but later convicted by the High Court of Himachal Pradesh for offenses under Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code. The case arose from a land dispute and a confrontation between the appellant and the complainant's party, resulting in injuries and the death of one person. The High Court convicted A-1 and sentenced him to life imprisonment. However, upon reviewing the evidence...
Penal Code, 1860 (IPC)—Section 100, Section 102, Section 105—Appellants were convicted for murder and attempt to murder due to a land dispute—The appellants, armed with lethal weapons, formed an unlawful assembly with the common object of eliminating the deceased and his brother—The prosecution successfully established that all appellants had knowledge of this common object, resulting in the deceased being shot dead and an attempt on his brother's life—The right of private defence of life and property does not apply against unarmed persons, and thus the appeal was dismissed—Regarding Section 149 IPC, the common object of an unlawful assembly does not require prior agreement but is established if members, numbering five or more, share the same objective and act collectively to achieve it—This c...
Juvenile Justice (Care and Protection of Children) Act, 2000—Section 15, Section 16, Section 16(2)—Appellant, who was convicted for offences under Sections 302 and 307 read with Section 34 of the IPC, and sentenced to life imprisonment and seven years' rigorous imprisonment, respectively—The appellant claimed juvenility, supported by a school leaving certificate, stating he was 16 years, 9 months, and 8 days old at the time of the offence on 25th August 1991—The Supreme Court, relying on Sections 2(k), 2(l), 7A, 20, and 49 of the Act of 2000 and relevant rules, confirmed the appellant's status as a juvenile at the time of the offence—Given his age of about 35 years and the period already served (2 years, 4 months, 4 days), the Court decided it was inappropriate to refer him to a juvenile facility for ...
Penal Code, 1860 (IPC)—Section 302, Section 307, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 162, Section 164—Prosecution alleged that the appellant attempted to murder the deceased and his wife due to a land dispute—However, critical aspects, such as the motive, were ignored—The key witness (PW-3) initially identified an unknown assailant in her statement (Ex. P-21), later implicating the appellant in court—The daughter of the deceased (PW-4) also failed to mention the appellant's involvement until her court testimony—The courts below relied on unreliable evidence, resulting in a miscarriage of justice—The Supreme Court intervened, highlighting material contradictions and acquitting the appellant of all charges. ...
Penal Code, 1860 (IPC)—Section 299, Section 300, Section 302, Section 304, Section 307—High Court upheld the conviction of the accused for murder and attempt to murder. The incident originated from the deceased's refusal to consume wine with the accused. Even if the accused's intention was limited to inflicting a bodily injury sufficient to cause death, the offense would be murder. Section 300, Clause (4) of the Indian Penal Code applies when the offender's knowledge of the probability of death approaches practical certainty. The court ruled that the proper conviction should be under Section 304 Part I, IPC, and a custodial sentence of 8 years would serve justice. The summary encapsulates the essential elements of the case. ...
Penal Code, 1860 (IPC)—Section 120B, Section 302, Section 307, Section 34—Accused, involved in a love affair resulting in pregnancy, faced pressure for marriage from the complainant. The accused, unwilling to marry, attempted to kill the complainant by forcibly administering poison. The court found the accused guilty under Section 307 read with Section 34, acknowledging the distinctive feature of joint liability under Section 34. The court held that Section 34 is applicable even if no injury was caused by a specific accused, and there is no requirement to demonstrate overt acts by each accused. The sentence was restricted to the period already undergone. ...
Criminal Procedure Code, 1973 (CrPC)—Section 161—Penal Code, 1860 (IPC)—Sections 307 and 353—Arms Act, 1961—Section 25—Attempt to murder—An attempt to murder case involving firing, a recent legal decision overturned the conviction, highlighting the absence of crucial elements—The incident unfolded when a police official intercepted a car, leading to a scuffle during which the accused-driver allegedly fired at the victim—However, the court found discrepancies in the manner of occurrence, noting that the prosecution's case lacked support from both medical and forensic evidence—The recovery evidence was also deemed unreliable—Emphasizing the essential ingredients of the offense, the court clarified that an attempt to murder requires both intention or knowledge related to m...
Arms Act, 1959—Section 27—Penal Code, 1860 (IPC)—Section 300, Section 302,—Accused, Lachman Singh, Dev Singh, and Randhir Singh, faced charges under Sections 302 and 307 of the Indian Penal Code—The prosecution's case was based on an alleged altercation over water flow, resulting in the accused firing shots, leading to injuries and death—The trial court convicted Lachman Singh under Section 302 IPC, sentencing him to life imprisonment, and Dev Singh under Section 304 Part I IPC—Additionally, both were convicted under Section 307—The High Court upheld these convictions—Randhir Singh's involvement, based on pelting brickbats, was doubted due to contradictory medical evidence—In appeal, the Supreme Court altered Lachman Singh's conviction to Section 304 Part I IPC and se...
Criminal Procedure Code, 1973 (CrPC)—Section 107, Section 151—Penal Code, 1860 (IPC)—Section 307—Appellant, a resident of village Rape in Himachal Pradesh, was convicted for attempting to murder Assistant Sub-Inspector Harjit Ram at a police outpost in Jahlama—The appellant arrived at the outpost, claiming a faction fight in his village—When denied immediate assistance due to the late hour, he allegedly attacked the ASI with a khukhri—The injuries were corroborated by medical evidence, and the courts found the appellant guilty—The Supreme Court, dismissing the appeal, noted the corroborating evidence, lack of alternative explanations, and rejected claims that the incident was fabricated—The appellant's sentence was reduced from 7 to 5 years with a fine. ...
Penal Code, 1860 (IPC)—Section 307, Section 341—Attempt to murder—Sentence of accused Badri @ Bhuru under Sections 307 and 341 IPC—The trial court sentenced the accused to 7 years' imprisonment, but the High Court reduced it to about 5 months without providing adequate reasons—The appellant argues that the reduced sentence is insufficient considering the gravity of the offense, and the High Court's judgment lacks proper consideration of evidence—Citing Sections 384, 385, and 386 of the Cr.P.C., the Supreme Court emphasizes the duty of the appellate court to examine evidence, especially in cases relying on eyewitness accounts—Criticizing the High Court's summary disposal, the Supreme Court sets aside the judgment, remanding the matter for a fresh consideration, directing a reevaluation ...
Criminal Procedure Code, 1973 (CrPC)—Section 384, Section 385,—Attempt to murder—Appeals against the inadequate sentence in a case of attempted murder—The trial court convicted the accused under Section 307 read with Section 34 IPC, awarding 7 years' imprisonment—The High Court partially allowed the appeal, reducing the sentence to the period already served (10 months, 5 days) without adequate reasoning—The appellant argues the leniency is inappropriate given the gravity of the offense—The Supreme Court criticizes the High Court's cursory judgment, highlighting the non-application of mind and failure to consider evidence—Citing procedural obligations under Sections 384, 385, and 386 of the Cr.P.C., the Court sets aside the High Court's decision, remanding the case for a fresh hea...
Criminal Procedure Code, 1973 (CrPC)—Section 248—Penal Code, 1860 (IPC)—Section 294, Section 307, Section 325,—Intention to kill or knowledge—Attempt to murder—Supreme Court expressed concern over a trend of lower courts mechanically reducing custodial sentences without due consideration—In this case, the accused faced charges under Sections 294, 307, 333, and 506 of the Indian Penal Code, including assaulting a constable—The trial court sentenced them appropriately, but the High Court, considering their socio-economic status and age at the time of the offense, reduced the sentences to the period already served—The Supreme Court emphasized the need for a balanced approach in sentencing, considering aggravating and mitigating factors—It highlighted the seriousness of the offenses,...
Penal Code, 1860 (IPC)—Section 307, Section 323,—Criminal Procedure Code, 1973 (CrPC)—Section 154—Dispute over time of lodging—Attempting to murder Sukhbir—The incident arose from a land dispute, leading to a brutal attack on Sukhbir, resulting in the amputation of his hands—The High Court upheld the conviction but reduced the sentence for the second appellant, Balbir—The prosecution's case relied on the testimonies of Sukhbir and his brother Om Prakash, who were returning home when attacked—The defense questioned the timing of the FIR—The Supreme Court acquitted Balbir, citing doubts about his common intention with the first appellant—The first appellant's conviction under Section 307 IPC was upheld, but the sentence was reduced to eight years, considering his will...
Penal Code, 1860 (IPC)—Section 307—Injury on accused—Attempt to murder—Altercation between the appellant and prosecution witnesses led to the appellant stabbing PW2 with a knife—The trial court convicted the appellant, and the High Court upheld the conviction but reduced the sentence to 2 years—The appellant claimed to have received injuries during the incident, but the absence of evidence and suggestion to the prosecution witnesses rendered the argument baseless—The Supreme Court dismissed the appeal, upholding the credibility of the prosecution witnesses—The appellant, released on bail pending appeal, was ordered into custody to serve the remaining sentence under Section 428 of the Code of Criminal Procedure. ...
Penal Code, 1860 (IPC)—Section 307—Attempt to murder—Bodily injury capable of causing death be inflicted—The intention to kill or knowledge that death will be caused can be deduced from circumstances, irrespective of the nature of the injury—Section 307 distinguishes between the act of the accused and its result—An attempt to commit murder need not be the penultimate act; it suffices if there is an intent coupled with some overt act—In the present case, the accused, a police official, fired a gun from a close range at the victim while he was sleeping, causing the bullet to break into pieces—Both intention and knowledge under Section 307 can be attributed to the accused, justifying the conviction. ...
Penal Code, 1860 (IPC)—Section 307—Attempt to murder—Intention—Proof of—Terrorist and Disruptive Activities (Prevention) Act (TADA), and Section 27 of the Arms Act—The appellant, who did not engage legal representation, appealed against his conviction and sentencing—The court-appointed Amicus Curiae argued that the prosecution's evidence, primarily from police officers, was reliable despite the lack of independent witnesses—The appellant was apprehended with a "Desi Katta" (country-made pistol) after allegedly shooting and injuring another person—While the injured did not support the prosecution due to a familial relationship, the court found the police officers' testimony credible—The High Court's conviction under Section 307 IPC, Section 27 Arms Act, and S...
Penal Code, 1860 (IPC)—Section 188, Section 307—Attempting murder—He was chased and caught red-handed after firing at the victim, with a pistol and cartridges recovered from his possession—Witness testimony, supported by medical evidence and ballistic analysis, established the case beyond doubt—Considering the appellant's age and circumstances, the Supreme Court reduced his sentence from 7 years to 5 years rigorous imprisonment (R.I.)—The evidence presented left no doubt about the appellant's guilt, but the sentence was adjusted in light of mitigating factors. ...
Criminal Procedure Code, 1973 (CrPC)—Section 357(3), Section 431—Penal Code, 1860 (IPC)—Section 302, Section 307—Family members of PW2 and attempting to murder PW2 herself—Balraj was sentenced to death for the murders and seven years of rigorous imprisonment for the attempted murder—The prosecution's case highlighted disputes between Balraj and his brother Tej Pal, alleging that Balraj suspected Tej Pal and PW2 of poisoning him—Balraj attacked the family with a weapon, resulting in several fatalities and injuries—While PW2's testimony implicated Balraj, other witnesses turned hostile—The courts found Balraj guilty based on PW2's testimony and medical evidence—However, considering Balraj's mental state, the lack of direct evidence connecting him to all the crimes, ...
Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 300, Section 301, Section 302—Conviction and sentence imposed by the High Court of Gujarat on the appellant for offences including murder and attempted murder—The incident involved the shooting death of a young boy and injuries to another individual—The prosecution relied on eyewitness testimonies, supported by circumstantial evidence such as the presence of petromax lights in the vicinity—The appellant's counsel argued against the credibility of the prosecution's case, questioning the sequence of events and the reliability of witness testimonies—However, the High Court, after thorough analysis, upheld the conviction, deeming the evidence substantial and trustworthy—The court dismissed the appellant's contention rega...
Criminal Procedure Code, 1973 (CrPC)—Section 161—Punjab & Haryana High Court, the appellants were convicted for the murder of Mander Singh and Bhura Singh and for attempted murder—The incident stemmed from a longstanding feud between the parties—The appellants challenged the conviction on various grounds, including questioning the credibility of eyewitness accounts and presenting alibi evidence—The High Court upheld the conviction, emphasizing the detailed examination of evidence and rejecting defense claims—The court found the eyewitness testimony credible, supported by medical evidence—Ultimately, the appeals were dismissed, except for Gurcharan Singh, whose appeal abated due to his demise. ...
Penal Code, 1860 (IPC)—Section 300, Section 302—Attempted Murder—Acquittal and convicts Manoj Kumar under Section 302 of the Indian Penal Code for attempting to run over two brothers with his car, resulting in the death of one—Rohan (PW-14), the sole eyewitness, provided detailed and consistent testimony—The Court rejected the High Court's doubts, noting corroborating evidence including damage to Kumar's car and injuries consistent with the prosecution's case—Kumar's intention to cause harm was evident from his repeated attempts to hit the victims—The Court dismissed Kumar's appeal, affirming life imprisonment—The informant's petition became redundant due to the State's successful appeal. ...
Penal Code, 1860 (IPC)—Section 307, Section 308—Attempt to murder—Appealed against the verdict—The incident involved a scuffle resulting in injuries inflicted upon the victim—Despite medical evidence indicating serious wounds, the appellate court observed the absence of conclusive proof suggesting an intent to murder—Considering the circumstances, including the darkness during the altercation, the court deemed the offense more fitting under Section 308 IPC for causing hurt with knowledge of endangering life, rather than attempted murder—Consequently, the conviction under Section 307 IPC was set aside, and the appellant was convicted under Section 308 IPC, with a reduced sentence of 1-1/2 years rigorous imprisonment and a fine of Rs. 1,000/-, or further imprisonment for three months in default&mdas...
Penal Code, 1860 (IPC)—Section 149, Section 302, Section 307—Appellants in assault case, alters charges and sentences—Occurrence in July 1974 resulted in injuries and one death—Convictions varied: Dharam Pal and Wazir Chand's Section 307 IPC convictions set aside; instead, convicted under Section 324 IPC—Baldev Raj convicted under Section 324 IPC—Tej Bhan deceased, appeal abated—Others' sentences modified or served—Defense claimed suppressed truth, but courts upheld witnesses' credible version—Medical evidence considered, leading to modifications in charges—Appeal dismissed with modifications—Dharam Pal and Wazir Chand need not be taken into custody if sentence served. ...
Penal Code, 1860 (IPC)—Section 307, Section 324—Appellant and two others sentenced to four years RI—High Court acquits co-accused—Incident rooted in enmity—Prosecution relies on injured's testimony and family friend's account—Trial judge gives weight to latter's testimony—High Court notes discrepancies in witness statements—Defense argues implication due to enmity—High Court maintains conviction but doubts charge of attempted murder—Conviction reduced to IPC Section 324, single injury cited—Sentence reduced to time served—Fine of Rs. 3,000 imposed, payable to complainant—Appeal partly allowed, bail bond discharged upon fine payment. ...
Penal Code, 1860 (IPC)—Section 307, Section 324—For attempted murder—The conviction was based on the testimony of the victim, PW 2 Sobaran Singh, who confirmed that Ved Pal shot him with a gun—However, the injuries, as described by PW 4 Dr. P.S. Yadav, were superficial, with pellet wounds on the right eyebrow and shoulder, not likely to cause death—The Court found that while the identification of the appellant as the assailant was reliable, the nature of the injuries did not support a conviction under Section 307 IPC. Instead, the appropriate conviction should be under Section 324 IPC, for voluntarily causing hurt by dangerous weapons—Consequently, the Court altered Ved Pal's conviction to Section 324 IPC and sentenced him to one year of rigorous imprisonment—The appeal was dismissed with this...
Penal Code, 1860 (IPC)—Section 109, Section 147, Section 148, Section 149—Criminal Procedure Code, 1973 (CrPC)—Appeal by Special Leave—Section 386—Conviction and Sentencing—Modification of Sentences—Attempt to murder—The Supreme Court heard an appeal against the Patna High Court’s judgment that overturned the acquittal of ten accused, convicting six for various offences under the IPC, arising from two related incidents of assault—Initially acquitted by the Assistant Sessions Judge due to unsatisfactory evidence, the High Court found sufficient grounds to convict based on the victim’s injuries and corroborating statements—The Supreme Court upheld the High Court’s assessment but modified sentences: Suraj Mishra’s conviction under Section 307 IPC was reduced ...
Penal Code, 1860 (IPC)—Section 300, Section 307—The appellant's conduct amounted to an attempt to murder—The courts below had convicted the appellant for inflicting grievous injuries with intent to cause death—However, it was argued that the injury did not actually damage any vital organs, challenging the applicability of Section 307—The Court examined precedents indicating that for Section 307 to apply, the act must be such that it could have caused death in the ordinary course of nature but for some intervening factor—The Court concluded that the prosecution failed to prove the appellant’s intention to cause death, reducing the charge to Section 324, IPC—Additionally, considering the appellant's age, the Court remanded the case to apply the Probation of Offenders Act, 1958, to dete...
Criminal Procedure Code, 1898 (CrPC)—Section 173, Section 226—Mandates separate proceedings for different offences and sessions trials—However, irregularities such as recording evidence for multiple offences in a single trial, although procedurally improper, do not necessarily vitiate the trial if there is no prejudice to the accused—In the present case, although evidence for separate offences was recorded in one trial, and a single judgment was delivered, the Sessions Judge did not consolidate the cases improperly—The trial did not suffer from procedural errors or prejudice, and no harm to the accused’s rights was demonstrated—Additionally, the omission to read and explain charges framed by the Magistrate, without proof of prejudice, does not invalidate the trial—Joint trials are permissibl...
Penal Code, 1860 (IPC)—Section 307—An attempt to commit murder requires an intention to cause death and an act performed with the requisite intent or knowledge for murder, regardless of whether the act is the penultimate one—Section 511 IPC applies to attempts to commit any offense, meaning the intention or knowledge must align with that offense—Forced starvation and maltreatment, done with intent to accelerate death, qualify as acts under Section 307—The term "act" encompasses a series of actions, not just a single instant act—Therefore, a pattern of behavior aimed at causing death, even if not immediately lethal, falls within Section 307—The appellant's conduct of regularly starving the victim constituted a series of acts towards murder, affirming the conviction for attempt to murd...