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Sadakat Kotwar and Anr. v. The State of Jharkhand

Criminal Appeal · 2021 INSC 719Decided 12 Nov 2021
Criminal Appeal No. 1316 of 2021
Justice M.R. Shah · Justice A.S. Bopanna

Background

The appellants were convicted by a trial court, and this was upheld by the Jharkhand High Court, for stabbing two people, Jamil Kotwar and Samsera Bibi, with a dagger, causing grievous injuries near the chest and stomach. They were convicted under Section 307 (attempt to murder) read with Section 34 IPC. Before the Supreme Court, the appellants argued that since each victim was struck with only a single blow, the offence should be downgraded to the lesser charge of simple hurt under Section 323 IPC.

Decision Breakdown

The Supreme Court rejected this argument, holding that there is no blanket rule that a single blow cannot support a conviction for attempt to murder: what matters is the nature of the weapon used, which part of the body was targeted, and how serious the resulting injury was. Here, a dagger was used, the injuries were inflicted near the chest and stomach (vital parts of the body), and two credible injured eyewitnesses supported the prosecution's account. Finding the concurrent findings of the trial court and High Court sound and seeing no reason to interfere under Article 136 of the Constitution, the Supreme Court dismissed the appeal and upheld the conviction.

Lesson Learnt

A criminal charge of attempted murder can stand even from a single blow if a dangerous weapon was used on a vital part of the body: the number of blows struck is not decisive; the nature and location of the injury is.

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

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