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Surender Kumar v. State of Haryana & Ors.

Special Leave Petition (Criminal) · 2026 INSC 1006Decided 8 Sept 2026
SLP (Crl.) No. 14611 of 2026
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

A dispute over waterlogging from rainwater drainage led to an assault on the petitioner, his brother and uncle by armed assailants, resulting in an FIR under IPC provisions for rioting and voluntarily causing grievous hurt. A Neurosurgeon at a private hospital opined the brother's skull-fracture injury could have been dangerous to life, but a Government Medical Board later found the injuries grievous but not life-threatening. After the trial had substantially progressed, the petitioner applied late in the proceedings to add the more serious charge of attempt to murder (Section 307 IPC), which the Magistrate, Sessions Court, and High Court all rejected, relying on the Medical Board's opinion over the private doctor's.

Decision Breakdown

The Supreme Court clarified that the grievousness of an injury, or whether it could have caused death, is not a necessary ingredient to invoke Section 307 IPC. What matters is the accused's intention or knowledge that the act could cause death, which can exist even where the actual injury is simple or minor. Surveying its own precedents, the Court held that hurt (grievous or simple) is not a precondition for Section 307, though its presence can attract a more severe punishment under the second limb of the provision. However, on the facts, the Court found that no case of intention or knowledge sufficient to attract Section 307 had been raised at the investigation, cognizance, or evidence stages. The medical certificates were available at the chargesheet stage itself, and the application to add Section 307 came only belatedly. The Special Leave Petition was therefore dismissed, while the Court clarified that a trial court retains the power to alter a charge at any stage if justified by the evidence led.

Lesson Learnt

The legal test for "attempt to murder" turns on the accused's intention or knowledge, not merely the severity of the resulting injury, but a request to add such a serious charge must be raised promptly and be grounded in evidence, not introduced as an afterthought once the trial has substantially progressed.

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

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