Sunday, 20 April 2025

Penal Code, 1860 — Section 307 — Attempt to Murder — Ingredients — Nature of Injury vs. Intention/Knowledge

 STATE OF HIMACHAL PRADESH

Vs.

SHAMSHER SINGH

( Before : Pankaj Mithal and S.V.N. Bhatti, JJ. )

Criminal Appeal No. 476 of 2015

Decided on : 17-04-2025

Penal Code, 1860 — Section 307 — Attempt to Murder — Ingredients — Nature of Injury vs. Intention/Knowledge — To attract S. 307 IPC, the crucial element is the intention or knowledge to cause death with which the act is done, irrespective of the nature or severity of the injury actually caused. S. 307 uses the word ‘hurt’, not ‘grievous hurt’ or ‘life-threatening hurt’ — Therefore, an accused cannot be acquitted merely because the injury inflicted was not grievous or dangerous to life, if the evidence establishes that the act was done with the requisite intention or knowledge to cause death. (Relied on: State of Madhya Pradesh vs. Kanha @ Omprakash, (2019) 3 SCC 605; State of M.P. vs. Saleem, (2005) 5 SCC 554)