Summary
The Court restored Harjeet Singh’s attempted-murder conviction and five-year sentence for multiple knife wounds, including a chest wound affecting the lung. Intent was inferable from the weapon, repeated blows, injuries and surrounding dispute; proof of a fatal or grievous injury was not indispensable. The Court separately affirmed Ramji Lal’s acquittal because inconsistent testimony failed to prove his alleged participation and common intention beyond reasonable doubt.
Issues
- Whether the evidence justified attempted-murder liability rather than conviction for hurt with a dangerous weapon.
- Whether the second respondent’s role and common intention were proved.
Provisions considered
- Section 307, Indian Penal Code, 1860Inferred the requisite intent from the repeated knife attack and surrounding circumstances; rejected a requirement of grievous or life-threatening injury. (¶¶ 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10)
- Sections 307 and 34, Indian Penal Code, 1860Affirmed the second respondent’s acquittal because inconsistent evidence failed to prove the joint-liability charge beyond reasonable doubt. (¶ 7)
Held
- Eyewitness testimony was corroborated by medical evidence. The High Court’s finding that the lung was unaffected contradicted the medical record, and its description of the injured areas as unimportant was erroneous. (¶¶ 5.1, 5.2, 5.3, 5.4)
- Multiple blows with a sharp knife, including near vital organs, established the requisite intention in the circumstances. Intent may be inferred from the weapon, manner and severity of the attack, motive and surrounding facts; an express statement of intent by the injured witness is unnecessary. (¶¶ 5.5, 5.6, 5.7, 5.8, 5.9)
- Section 307 does not require proof of grievous or life-threatening hurt. The act must be assessed with the prescribed intention or knowledge, independently of whether the resulting wound was fatal or on a vital part. (¶ 5.6)
- Harjeet Singh’s trial conviction and five-year sentence were restored, with surrender within two weeks to serve the remainder. Material inconsistencies concerning Ramji Lal’s role justified maintaining his acquittal. (¶¶ 6, 7)
Result
State appeal partly allowed: Harjeet Singh’s attempted-murder conviction and five-year sentence restored; Ramji Lal’s acquittal affirmed.