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Champa Lal Dhakar v. Naval Singh Rajput and Ors.

Criminal Appeal · 2019 INSC 7Decided 4 Jan 2019
Criminal Appeal No. 1931 of 2009
Dr. Justice D.Y. Chandrachud · Justice M.R. Shah

Background

The appellant, a complainant who alleged he was attacked by a group of persons, had a charge framed against the accused under Section 307 IPC (attempt to murder) and several other sections by the trial court. The accused challenged the framing of the Section 307 charge before the High Court, which partly allowed their revision, holding that the complainant's injuries (including a fractured nasal bone) did not support an attempt-to-murder charge and that Section 325 (causing grievous hurt) was the more appropriate charge. The original complainant then appealed to the Supreme Court to have the Section 307 charge restored.

Decision Breakdown

The Supreme Court examined the medical evidence, including the nature of the injuries and the fractured nasal bone, and agreed with the High Court that while the case could fall within "grievous hurt," it did not even prima facie show an intention to cause death as required for Section 307 IPC. The Court reproduced the text of Section 307 and held that the material on record did not establish the requisite intention or knowledge needed for an attempt-to-murder charge. It found no error in the High Court's view that a charge under Section 325/149 ought to have been framed instead, and dismissed the complainant's appeal.

Lesson Learnt

Framing a charge under Section 307 IPC requires more than serious injuries: there must be evidence, even at the charge stage, pointing to an intention or knowledge sufficient to cause death; injuries that amount only to "grievous hurt" will attract a lesser charge like Section 325 IPC instead.

Official source (sci.gov.in)View Judgment (PDF)

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