28 Aug 2023 3:54 AM GMT
The Supreme Court observed that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature.
What is important is an intention coupled with the overt act committed by the appellant/accused, the bench of Justices Bela M. Trivedi and Dipankar Datta said.
In this case, the appellant- accused was concurrently convicted for the offence under Sections 307 and 332 of IPC and directed to undergo rigorous imprisonment for five years and two years for the said offences respectively. The allegation was that the accused tried to assault a police constable on his head by a Gupti. However, the contable while avoiding the blow on his head, got injury on his right shoulder.
Before the Apex Court, the appellant contended that even if the case of the prosecution was held to be proved against the accused in toto, the injuries suffered by the complainant were very simple in nature and would not attract offence under Section 307 of the IPC.
While dismissing the appeal, the court observed:
S K Khaja vs State of Maharashtra | 2023 LiveLaw (SC) 715 | CrA 1183/2011
Indian Penal Code, 1860 ; Section 307 - Merely because the injuries sustained by the complainant were very simple in nature, that would not absolve the appellant/accused from being convicted for the offence under Section 307 of the IPC. What is important is an intention coupled with the overt act committed by the appellant/accused. (Para 8)