Supreme Court, speaking through Justice L. Nageswara Rao and Justice Indu Malhotra, observed that if the assailants act with an intention that such action would cause death, and hurt would be caused, then the provision of Section 307 of IPC will be applicable. It is not necessary that there is an injury on the vital part of the body, intention is sufficient. In the case of State of M.P v. Harjeet Singh, the High Court converted the conviction from Section 307 to Section 324 of IPC on the ground that injury was not on the vital part of the body. High Court observed that if there was intention on the part of the accused to cause death of the person, the injury would not have been inflicted on such ‘unimportant part’ of the body.
Referring to the medical report, the Apex Court observed that the findings of the High Court that stab wound on the chest remained upto the depth of the cavity over left side of the chest and the lungs, were not affected, is factually incorrect and contrary to medical report. The Apex Court stated, “Stabbing a person with a knife, near his vital organs would in most circumstances lead to the death of the victim, thereby falling squarely within the meaning of Section 307.”
The Bench further stated that the Section 307 uses the term ‘hurt’ which is defined under Section 319 of IPC and not ‘grievous hurt’ which is defined under Section 320 of IPC. The Court added that if any person causes hurt with the intention or knowledge that it may cause death, Section 307 of IPC will be attracted. “If the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable. There is 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 Apex Court stated.
Taking other evidences into account, the Supreme Court restored the decision of the Trial Court and set aside the judgement of High Court.
Tags : #IPC #Attempt #Murder #IPC #Injury #Hurt #Ingredient