Section 307 IPC - Intention To Be Ascertained From Weapon Used, Body Part Chosen For Assault & Nature Of Injury: Supreme Court

The Supreme Court observed that, in attempt to murder cases (Section 307 of the Indian Penal Code), the intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused.

The Court observed thus while dismissing appeal filed by accused whose conviction under Section 307 read with Section 34 of the IPC was upheld by the High Court of Jharkhand.

Section 307 IPC defines the offence of attempt to murder: Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. 

The only contention raised by the appellants was that, it was a case of single blow/injury at  the most the case may fall under Section 323 of the IPC and therefore, the courts below have erred in convicting the accused for the offence under Section 307 IPC is concerned.

Taking note of the evidence on record, the bench comprising Justices MR Shah and AS Bopanna observed that the injury of a single blow was on the vital part of the body i.e. stomach and near chest and that the nature of the injury is a grievous injury caused by a sharp cutting weapon.

"Thus, deadly weapons have been used and the injuries are found to be grievous in nature. As the deadly weapon has been used causing the injury near the chest and stomach which can be said to be on vital part of the body, the appellants have been rightly convicted for the offence under Section 307 read with Section 34 of the IPC. ", the court observed. While upholding the judgment of the High Court, the bench further said:

As observed and held by this Court in catena of decisions nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused. Considering the case on hand on the aforesaid principles, when the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence under Section 307 IPC.

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