Case Note & Summary
The case involved a dispute concerning the appellant's treatment of his wife, Bimla Devi, leading to allegations of attempted murder through starvation. Bimla Devi was married to the appellant in October 1951, but their relationship deteriorated by 1953 due to maltreatment. In 1956, she was deliberately starved and confined, leading to severe health issues. On June 5, 1956, she escaped to a hospital where her condition was reported as critical. The appellant was initially acquitted at trial, but the High Court found sufficient evidence of his intention to cause harm through a systematic deprivation of food. The appellant argued that his actions did not constitute an attempt to murder under Section 307, claiming that the act of starvation alone could not have caused death without a longer duration. The court held that the intention to commit murder and the act towards its commission were sufficient for conviction under Section 307, regardless of whether the act was the last in a series. The court dismissed the appeal, affirming the conviction based on the evidence of systematic starvation and the appellant's intent to accelerate his wife's death.
Headnote
A) Criminal Law - Attempt to Murder - Ingredients of Offence - Indian Penal Code, 1860, Section 307 - A person commits an offence under Section 307 when he has the intention to commit murder and does an act towards its commission, irrespective of whether that act is the last act or not. The appellant's conduct of regularly starving his wife constituted a series of acts that fell within the purview of Section 307, leading to his conviction. Held that the High Court was correct in convicting the appellant under this section (Paras 1-2).
Issue of Consideration
Whether the appellant's actions constituted an attempt to murder under Section 307 of the Indian Penal Code.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's conviction of the appellant under Section 307 of the Indian Penal Code for attempting to murder his wife through starvation.
Law Points
- Attempt to murder
- Indian Penal Code
- intention to commit murder
- series of acts
- culpable homicide
