AN INJURY caused to the head is not sufficient to charge an accused with attempt to murder, the Punjab and Haryana High Court has ruled while declining a petition challenging the charges framed in a case by the trial court in which a person from Kurukshetra was hit with a spade on his head, causing a grievous injury to him.
Justice Manoj Bajaj in the verdict said that reading of Section 307 (attempt to murder) makes it clear that existence of an intention or knowledge on part of the offender becomes necessary for committing the offence under the provision.
“The intention has to be absolute and specific and cannot be confused with the recklessness of the offender. It is needless to observe that unless and until this necessary ingredient is present, the charge under Section 307 IPC would not be made out,” the order read.
The court further observed that there may be cases where no injury is suffered by the victim but the act done by the accused would still fall within the ambit of Section 307 as the act alone coupled with intention or knowledge is sufficient.
“The Court has to satisfy itself that at least, prima-facie, the act by accused irrespective of its result was done with such intention or knowledge and under the circumstances, as mentioned in the section,” the judgment read.
The accused — nephews of the victim — in the case were charged by the trial court in January 2017 under Section 325 (voluntarily causing grievous hurt) for hitting the victim with a spade on his head. The fight had occurred due to a land dispute among the family members. The victim approached the HC and argued that the charge under Section 307 is made out, contending that the injury was caused on a vital part of the body and he remained admitted to the hospital for 18 days.
However, the HC ruled that the alleged injury was caused with a spade or kassi and such a weapon is capable of causing death as well. “Thus, considering the nature of the weapon used while causing grievous hurt, a prima-facie case for commission of an offence punishable under Section 326 IPC [voluntarily causing grievous hurt by dangerous weapons or means] would be made out and respondent Nos.2 and 3 deserve to be charged for the said offence, instead of Section 325 IPC,” it ordered, while modifying the charge.