Case Note & Summary
The appellant, Bhimsinh Thakur, was convicted by the Sessions Judge, Nanded, for offences under Section 307 IPC (attempt to murder) and sentenced to 10 years rigorous imprisonment. The incident occurred on 20 March 2014 when the appellant, armed with a sword, went to the house of Savitri Kadam and demanded to marry her daughter Archana. When Savitri objected, the appellant assaulted her on the right side of her chest with the sword, causing a bleeding injury. The complainant, Ashabai Telang, witnessed the incident and lodged a report. The appellant was charged under Sections 307, 506 IPC and Section 4 read with Section 25 of the Arms Act. The trial court convicted him under Section 307 IPC. On appeal, the High Court examined the evidence, including the testimony of the injured witness Savitri (PW2) and the medical evidence from Dr. Shinde (PW7), who stated that the injury was a simple incised wound over the right side of the chest, not dangerous to life. The court noted that the appellant did not repeat the blow after the victim fell, and there was no evidence of intention to cause death. The court held that the ingredients of Section 307 IPC were not made out, as the act did not constitute an attempt to murder. The conviction was set aside, and the appellant was acquitted of all charges. The appeal was allowed.
Headnote
A) Criminal Law - Attempt to Murder - Section 307 Indian Penal Code, 1860 - Intention to Kill - The court examined whether the appellant's act of assaulting the victim with a sword on the chest constituted an attempt to murder. Held that for an offence under Section 307 IPC, the prosecution must prove intention or knowledge that the act would cause death. The injury was a simple incised wound on the chest, not dangerous to life, and the medical evidence did not indicate any vital organ damage. The appellant desisted after one blow and did not repeat the attack. Therefore, the conviction under Section 307 IPC was not sustainable (Paras 8-12). B) Criminal Law - Arms Act - Section 4 read with Section 25 Arms Act, 1959 - Possession of Sword - The appellant was also charged under the Arms Act for possessing a sword. However, the court did not specifically address this charge in the judgment, and the conviction under Section 307 IPC was set aside. The appeal was allowed, and the appellant was acquitted of all charges (Para 13).
Issue of Consideration
Whether the conviction under Section 307 IPC is sustainable when the injury inflicted was not dangerous to life and there was no intention to kill.
Final Decision
Appeal allowed. Conviction under Section 307 IPC set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Section 307 IPC requires intention or knowledge that the act would cause death
- mere injury not sufficient
- nature of injury and medical evidence crucial
