ALLAHABAD HIGH COURT : TO CONSTITUTE OFFENCE U/S 307 IPC IF AN ATTEMPT TO CAUSE INJURY IS MADE WITH THE INTENTION TO MURDER, USE OF LETHAL WEAPON SUFFICIENT TO CONSTITUTE OFFENCE.
In the case of Kamal Singh v. State of Uttar Pradesh [Criminal Appeal No. - 1496 of 1995], a case was registered on the basis of information provided by the informant against the Appellant u/s 307 and 506 of the Indian Penal Code, 1860(“IPC”).
The Mathura Trial Court, after investigation, found the Appellant guilty of offences u/s 307 and 506 of the IPC, sentencing the Appellant to three years of rigorous imprisonment. Aggrieved by the decision of the trial court, the Appellant filed an appeal before the Allahabad High Court.
The Allahabad High Court has observed that it is not required that a bodily injury capable of causing death should have been inflicted in order to support a conviction under Section 307 IPC. It was laid down that "It is not necessary that the injury actually caused to the victim of the assault should be sufficient under ordinary circumstances to cause the death of the person assaulted. What the Court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under the circumstances mentioned in the section. An attempt in order to be criminal need not be a penultimate act. It is sufficient in law if there is present an intent coupled with some overact in execution thereof."
It further stated that "A country-made pistol is a lethal weapon. Firearm injury caused by country-made pistol may be fatal in nature. Appellant-accused Kamal Singh and co-accused Bharat Singh on the exhortation of their father Ratan Singh to kill Shiv Singh and Rohan Singh fired on them with a country-made pistol causing them injury one on their forehead and chest, respectively. Considering the facts and circumstances of the case, weapon used in causing injury and the part of the body on which injury was caused, it can be concluded that appellant-accused Kamal Singh with co-accused Bharat Singh fired on injured Shiv Singh and Rohan Singh with the intention to cause them to death." Moreover, "An attempt is itself sufficient if there is requisite intention. An intention to murder can be gathered from circumstances other than the existence or nature of the injury."
Thus, partially allowing the appeal, the High Court upheld the conviction of the Appellant, however it reduced the sentence of rigorous imprisonment from three years to two years without modifying the fine imposed on the Appellant.