Del HC | Necessary to prove ingredients of murder short of death in prosecution for attempt to murder under S. 307 IPC; conviction modified to S. 324 for failure thereof

Delhi High Court: A.K. Chawla, J. disposed of a criminal appeal by modifying the conviction of the appellant under Section 307 (attempt to murder) of the Penal Code to that under Section 324 (voluntarily causing hurt by dangerous weapons or means).

The appellant was assailing the judgment of the trial court whereby he was convicted under Section 307 for stabbing the injured with a knife. The prosecution case was that the injured had advanced a loan to the appellant, and on the day of the incident, when the injured went to his house asking for payment of the outstanding amount, the appellant attacked him with a knife. The appellant denied the prosecution case. Aggrieved thereby, the appellant preferred the present appeal under Section 374 CrPC.

Arvind Kumar, Sneha Upadhyay and Tilak Angra, Advocates for the appellant contended that the prosecution had failed to prove its case beyond a reasonable doubt. Per Contra, G.M.Farooqui, APP appearing for the State, supported the impugned decision.

The High Court was of the opinion that it was imperative to ascertain as to whether the appellant actually intended to murder the injured. It was observed: “Offence of an attempt to murder is a serious offence. In proving the commission of such an offence, the prosecution is required to prove the basic ingredients of murder short of death. Does the instant case get even close to such a situation, the Trial Court has not given any serious thought to it. The case in hand is not one, where, the prosecution even suggests that the appellant assaulted PW8 with any premeditated mind. Who first picked the knife and wherefrom, the prosecution equally failed to prove.”

In the opinion of the Court, the evidence on record was not sufficient to prove that the appellant had any intention to commit murder. In such circumstances, it was held that conviction of the appellant for commission of offence under Section 307 could not be sustained. Appellant, however, was held liable for commission of offence under Section 324 IPC. He was released on probation of good conduct. [Ramveer v. State, 2019 SCC OnLine Del 9129, decided on 15-07-2019]

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