Hon’ble Supreme Court has disposed a Criminal appeal here on 04-01-2019 by stating that for being an offence under Section 307 of the Indian Penal Code (hereinafter referred as IPC), there must be an intention to cause death.

The above decision was given in the case of Champa Lal Dhakar v. Naval Singh Rajput & Ors. in which honourable court discussed the basic ingredients for being an offence under sec 307 of IPC which is attempt to murder.

BRIEF FACTS OF THE CASE

Champa Lal Dhakar (Appellant) lodged an FIR against Naval Singh (Respondent No-1) under Sections 147,148,451,325/149,307/149,294/149 and 506/149 of the IPC. The learned Additional Session Judge, Sironj, Vidisha framed charges under Sections 147,148,451,325/149,307/149,294/149 and 506/149 of the IPC.

Unsatisfied with the order passed regarding charges, the respondents filed criminal revision (Application No- 830 of 2007) on the basis of injuries sustained by the appellant. The High Court by the impugned and order passed partly allowed the revision and directed the trail court to reconsider its’ order with regard to framing of the charge.

The complainant became dissatisfied with the decision of the High Court and filed the appeal before this court.

DECISION OF THE SUPREME COURT

Hon’ble Supreme Court held that the complainant sustained injuries on the nose and fracture of the nasal bone was found. This may fall within the grievous hurt, but it cannot be said that even, prima facie a case is made out for the offence under Section 307 of the IPC.

Court further held that there must be an intention to cause death for any offence committed under Section 307 of IPC. A charge under section 325/149 ought to be framed and the High court has done no mistake in its order.

Thus, Appeal fails and accordingly dismissed.

Read the full Judgment Here:

[embeddoc url=”https://www.sci.gov.in/supremecourt/2008/12788/12788_2008_Judgement_04-Jan-2019.pdf” download=”all”]