Case Note & Summary
The appeal arose from the conviction of the appellant by the 1st Additional Sessions Judge, Panaji in Sessions Case No. 7 of 2002 for offences punishable under Section 307 of the Indian Penal Code and Section 185 of the Motor Vehicles Act, 1988. The prosecution case was that on 30th March 2001, the appellant was driving a Tata Estate car under the influence of alcohol and deliberately attempted to knock down a police inspector on night duty, who saved himself by jumping aside. The appellant was apprehended, his blood alcohol content was found to be 88 mg, and he was charged with attempt to murder and driving under the influence. The trial court convicted him under both sections, sentencing him to simple imprisonment for two years and fine for Section 307, and three months' imprisonment and fine for Section 185. The appellant challenged the conviction, primarily arguing that the trial court itself had found that he lacked the intention to kill, thus an offence under Section 307 was not made out. The respondent State contended that the appellant's act of driving at the police officer with increased speed evidenced an intention to kill, and the conviction was proper. The High Court examined the evidence of the police witnesses, noting that the appellant had not injured any person or property, and that the trial court had specifically recorded a finding that the appellant did not have any intention to commit murder. The court held that to bring an act within the purview of Section 307 IPC, it must be established that the act was such from which an attempt to commit murder could be inferred; mere rash driving after consuming alcohol and violating traffic rules did not constitute attempt to murder. Consequently, the conviction under Section 307 IPC was set aside. However, the conviction under Section 185 of the Motor Vehicles Act was confirmed, though the sentence of imprisonment was set aside given the absence of damage or accident, and only the fine of Rs. 1000 with default imprisonment of one month was upheld. The appeal was partly allowed accordingly.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Intention to Kill - To constitute an offence under Section 307, the act must be such from which an attempt to commit murder could be inferred; the accused's act of driving under influence and not stopping at police signals, without any injury or evidence of intentional chasing or ramming, did not amount to attempt to murder, as the trial court itself had recorded a finding that the accused did not have the intention to commit murder - Held, conviction under Section 307 IPC is not sustainable (Paras 6-9).
Issue of Consideration
Whether the accused's act of driving a vehicle under the influence of alcohol and not stopping despite police signals, without any injury, constitutes an offence under Section 307 IPC or only under Section 185 Motor Vehicles Act, 1988
Final Decision
Appeal partly allowed; conviction and sentence under Section 307 IPC set aside; conviction under Section 185 Motor Vehicles Act, 1988 confirmed, but sentence of imprisonment set aside; fine of Rs. 1000 with default simple imprisonment of one month upheld
Law Points
- For offence under Section 307 IPC
- the act must be such that attempt to commit murder can be inferred
- mere driving under influence and not stopping at police signals does not constitute attempt to murder unless there is evidence of intention to kill or actual injury
